For TAFE members we are seeking clarification of the processes please contact MSC after reviewing the fact sheet.
For TasTAFE staff on a fixed-term contract there are three ways to gain permanency:
- Be made permanent upon the completion of your TAE.
- Request that you role be advertised as permanent and apply for the position under Employment Direction 1 section 13.
- Be made permanent by your employer under ‘special circumstances’ Employment Direction 1 section 14.
Completion of TAE+
This applies to teachers employed on a fixed-term contract as a teacher under supervision. While on a fixed-term contract a teacher under supervision is to complete a Certificate IV in Training and Assessment (TAE). Once the TAE is successfully completed the employee is able to transition directly into permanency on the Teaching Award.
If you have recently completed your TAE and have not been made permanent, please contact our member support centre at email@example.com
ED1 Section 13
13 – Application by a Fixed-term Employee to have Duties Advertised for Permanent Appointment and Section 14 – Change of Employment Status from Fixed-term to Permanent Under Special and Exceptional Circumstances.
Section 13 eliminates the option of application for direct conversion from fixed-term contract to permanency, replacing it with the requirement that the position be advertised as permanent and open for other candidates to apply. Section 13.1 states –
“A fixed-term employee who has completed 24 months continuous service in the same duties may apply to their Head of Agency as the delegate of the Head of the State Service to have the fixed-term duties they are performing advertised for filling on a permanent basis.”
This means that under Section 13, the only action an eligible fixed-term employee can take is to request that their position is advertised as a permanent position and then apply for this position along with other eligible candidates.
ED1 Section 14
Section 14 provides an avenue for the employer to initiate a direct change of employment status from fixed-term to permanent, however there are limitations on this, with a requirement of special and exceptional circumstances.
Section 14.2 states –
“The Head of Agency, as the delegate of the Head of the State Service, may change the employment status at level of a fixed-term employee who has completed 12 months continuous service undertaking the same duties, where merit has been consistently applied, and where it can be demonstrated that one of the following special and exceptional circumstances exists:
14.2.a – transmission of business into the State Service;
14.2.b – following completion of a training, internship, graduate, or cadet pathway
14.2.c – address a critical risk to the Agency; or
14.2.d – any other circumstance approved by the Head of the State Service.”
The DoE has indicated that their default response to the question of conversion to permanency, will be to act only in accordance with Section 13 (i.e. advertisement of positions) unless there is strong evidence that there was a merit based process undertaken for the appointment to the original fixed term position and one of the other criteria under Section 14.2 can be established.
Any member who believes they have a case to be appointed as permanent under Section 14 or ED1, or have any further questions of concerns, should seek further assistance from your union – please contact us at firstname.lastname@example.org or on 6234 9500