education.vic.gov.au

Translation to ongoing employment

The Victorian Government Schools Agreement 2017 provides that an eligible fixed term employee (refer to eligibility below) will be offered ongoing employment where a suitable ongoing position would otherwise be advertised in the school. Principals should continue to offer ongoing employment to eligible employees as positions become available in the school.

Where an ongoing position that would otherwise be advertised becomes available in a school, the principal should determine if the position is a suitable position for any eligible fixed term employee(s) in the school. Where the position is suitable, the eligible fixed term employee will be offered ongoing employment. Where the position is not suitable, the principal is to inform all eligible fixed term employees of that decision before proceeding to advertise the position.

In circumstances where the number of eligible fixed term employees exceeds the number of suitable positions the principal should inform employees of their eligibility and conduct an internal merit process, including the establishment of a panel, which should be used to determine which eligible fixed term employee(s) is to be offered ongoing employment. In this case the principal is to inform all eligible fixed term employees of the outcome of the merit process and inform the unsuccessful employees of their right to lodge a personal grievance with the Merit Protection Boards in respect of the principal’s decision within 14 calendar days.

An offer of ongoing employment to the successful eligible fixed term employee(s) may be made after the time period for lodging grievances has elapsed (14 days) or any grievance has been resolved (whichever is the later).

An offer of ongoing employment to an eligible fixed term employee is subject to a probationary period of up to 12 months for teachers and 6 months for education support class employees.

Eligibility

To be eligible to be offered ongoing employment, a fixed term employee must have been employed continuously for longer than 12 months or a complete school year inclusive of all school vacation periods if that is less than 12 months (and in the case of a teacher must hold provisional or full registration from the Victorian Institute of Teaching) in response to:

  • a vacancy advertised for longer than 12 months
  • a vacancy advertised for 12 months or less resulting in 2 or more fixed periods of employment as a result of being offered a second period of employment under clause 21(2)(c)(ii) of the Agreement
  • 2 or more vacancies advertised for 12 months or less resulting in 2 or more fixed periods of employment
  • an advertised parental absence vacancy in the second or subsequent year of that replacement.

A fixed term employee who is a visa holder cannot be translated to ongoing employment where that is inconsistent with the terms of the employee’s visa.

In addition, to be eligible to be offered ongoing employment in a special setting (or as a visiting teacher) a fixed term teacher must either:

  • hold an approved special education qualification
  • have completed 3 or more years of continuous employment as a teacher in the teaching service in a special setting and be assessed by the principal (in respect of positions in special settings) or the Regional Director (in respect of visiting teacher positions) as suitable for ongoing employment in a special setting or as a visiting teacher.

A break in employment spanning a school vacation period does not break continuity of eligibility to be offered ongoing employment. To confirm a person’s eligibility for ongoing employment, a principal may contact the Schools Recruitment Unit by email at schools.recruitment@education.vic.gov.au

Annual Departmental process

In order to meet its obligations under the Victorian Government Schools Agreement 2017, each year the Department will:

  • identify fixed term employees who are eligible to be offered ongoing employment
  • provide an opportunity for principals to advise the Department that translation to ongoing employment should not occur as the position(s) continues to meet one of the fixed term reasons set out in clause 21(2)(d) of the Victorian Government Schools Agreement 2017.

Where the Department is not satisfied that a position continues to be fixed term, an offer of ongoing employment will be made to the employee, effective from 1 April of that year.

A central offer of translation to ongoing employment to an eligible fixed term employee will be subject to a probationary period of 12 months for teachers and 6 months for education support class employees.

Where the Department is satisfied that a position continues to be fixed term, an offer of ongoing employment will not be made to the employee and the employee advised in writing of this decision. An employee who is dissatisfied with this decision may lodge a personal grievance with the Merit Protection Boards in respect of the decision.

It should be noted that a person employed for a fixed period of 7 years to replace an employee on a parental absence will not be offered ongoing employment as part of this annual process. However, principals are encouraged to consider offering the employee ongoing employment where an ongoing position that would otherwise be advertised becomes available in the school.

Offer of ongoing employment to eligible employees

Reviewed 22 November 2021

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