No.12 – Market Related Employment. The Know Your Rights series. This Know Your Rights bulletin is the twelfth in a series of fact sheets to assist CSIRO staff better understand and enforce their rights at work. The sources of these rights are contained in the CSIRO Enterprise Agreement 2008-2011 (the agreement) and legislation including the Fair Work Act. What is market related employment and where are the details to be found? Market related employment is an option for CSIRO management to use where it requires skills that are in high market demand. The process for offering an individual contract under this clause is contained at Clause 11 of the agreement. Individual contracts made under this clause are similar in nature to Australian Workplace Agreements (AWAs) except that they are provided for in three limited circumstances only (see below). Please read Clause 11 of the agreement in full to get detail on how these employment arrangements work. What are the categories of market related employment? Essentially there are three categories of individual contract that may be offered. These are: - Where an officer is classified at a CSOF level and salary point within the “Specialist” functional area, CSIRO may supplement remuneration and/or benefits for a specified period. CSIRO will evaluate the suitability of appointment to the Specialist functional area before offering an individual contract in accordance with this clause. There are no details about how such suitability is evaluated. Members should contact the Staff Association for advice. - In respect of positions which would otherwise be classified in the range CSOF 5.1 to CSOF 6M, CSIRO may, without disadvantaging an officer, offer supplementary remuneration and/or benefits by means of an individual contract, which may provide, in appropriate (i.e. market related) cases, for: (i) a market rate of salary (ii) a performance payment (iii) termination (of the individual contact, including by the officer) on notice (iv) a fixed term contract and/or (v) flexible packaging. - In respect of positions which would otherwise be classified as CSOF 7 and above, CSIRO may, without disadvantaging an officer, offer an individual contract reflecting remuneration and conditions that meet the genuine needs of both CSIRO and the officer. What if there is a dispute concerning a market related individual contract? For disputes concerning the first two categories of a market related individual contract above, the dispute resolution process contained at Clause 80 of the agreement applies. For any disputes in respect of individual contracts for positions that would otherwise be classified at CSOF 7 and above, disputes can only be resolved in accordance with procedures contained in the individual contract. What happens where a market related individual contract ends and an indefinite officer is to continue in employment? The officer reverts to their substantive CSOF level. Officers should be aware that the substantive CSOF level could be lower than the level that the officer would have normally attained by progressing in the classification structure as an indefinite officer (i.e. in respect of positions that would otherwise be classified at CSOF 7 and above, if the individual contract does not contain agreed provisions to allow for incremental advancement or promotion). Do CSIRO management have to reveal any details regarding the proliferation of market related individual contracts? Yes. In the Staff Participation and Consultation section of the agreement at Clause 54(g), CSIRO management are obligated to review and report twice yearly to the Consultative Council for consideration: - the number of market related employment and specified term arrangements, including details of Business Unit, location, functional area and CSOF level in a form that does not identify individuals. What should I do if I’m offered a market related individual contract? Seek advice immediately! The Staff Association is aware of circumstances where individual contracts have been offered which contain: - no guaranteed pay rises for the life of the contract - no capacity for incremental advancement during the life of the contract - no capacity for promotion during the life of the contract It’s critical that Staff Association members are aware of all the potential pitfalls as well as the potential advantages in choosing to accept or reject a market related individual contract.
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