Staff Secondments and Exchanges Policy

1. Purpose

1.1 The Staff Secondments and Exchanges Policy (the policy) sets out the provisions and conditions for staff secondments and exchanges.

2. Scope

2.1 This policy applies to managers (or equivalent) when considering a secondment proposal and facilitating the arrangement of a secondment. 

3. Principles

3.1 Protection of the university's interests and its staff members is paramount when considering a secondment proposal and/or preparing or approving a secondment. 

4. Policy statements

4.1 Secondments can be arranged for a variety of purposes, including:

1. reciprocal movements of staff (staff exchange) between participating organisations/workplaces (hereafter organisation) or UTS units/faculties (hereafter unit)
2. staff development where a staff member is seconded to an organisation or unit to be trained in particular skills or experience not readily available in the parent organisation, for example, secondment of UTS trainees or cadets to a host employer
3. consultancy type arrangements where the host organisation requires specialised skills not available within its own structure.

4.2 Secondment proposals must be negotiated at the unit level. All proposals must be appropriately authorised as follows:

1. Authority to approve the secondment of a UTS academic to a host organisation: Deans, directors and senior executive.
2. Authority to approve the secondment of a UTS professional staff member to a host organisation: Deans, directors (and their equivalent) and senior executive (for their own staff).
3. Authority to approve and terminate a secondment: Refer appropriate authorities in the Recruitment and Appointment Policy. 

4.3 Any agreements entered into for the secondment or exchange of staff are subject to any relevant awards or industrial agreements, particularly in relation to the engagement, transfer and termination of staff.

4.4 Staff seeking redeployment opportunities will be considered ahead of other applicants for any vacancy or new position in accordance with the UTS Staff Agreement (refer Enterprise agreements).

4.5 The People Unit should be consulted on the appropriate course of action for unique situations not addressed in this policy.

Selection: Internal secondments

4.6 Where a staff member initiates or agrees to a secondment to another unit (and the arrangement has the approval of the managers of both units), UTS selection procedures do not apply.

4.7 Approval for extensions or internal secondments exceeding 12 months, and any other circumstances not covered in this policy, must be approved by the Executive Director, People and Culture.

4.8 For periods of 12 months or less, internal secondments may occur without advertising or normal selection processes occurring. The following principles should, however, be considered:

1. the efficiency of the workplace
2. the development of staff, and
3. equity and fairness.

Selection: External secondments

4.9 Secondments to external host organisations will be advertised internally and normal UTS selection processes will apply, except where an organisation requests a particular staff member or the staff member initiates the secondment.

4.10 Where a UTS manager seeks to second a staff member to an external host organisation for the purposes of providing that staff member with an opportunity for development, the principles of equity and fairness should be applied.

4.11 Where a UTS manager seeks to arrange the secondment of a staff member of another organisation to the university for the purposes of gaining their specialised skills, the UTS manager will prepare selection criteria and the proposed secondee’s qualifications and experience should be assessed against these before the secondment is approved.

Conditions of secondment: Internal secondments

4.12 Before the secondment begins, an internal secondment agreement (available at Access HR forms (SharePoint)) must be drawn up and signed by both parent and host managers and the secondee incorporating the following:

1. job description during the secondment
2. remuneration to be paid to the secondee
3. duration of the secondment.

4.13 Where a unit is to be the major beneficiary of the secondment then the appropriate costs will be borne by that unit. This would normally mean that the secondee's salary would not be charged to the parent unit, but to the host unit.

4.14 Any leave approved by the host unit will be paid for by the host unit. The cost of short periods of sick leave will be met by the host unit. Other unpredictable costs such as PEP and long periods of sick leave will be apportioned according to the length of the secondment and the period of the secondment already served. Reasonable flexitime/time-in-lieu credits may be transferred, but significant amounts of time accrued within a host unit should be expended there.

4.15 Internal secondees retain the right to return to their former substantive positions when the secondment is terminated.

Conditions of employment: External secondments

4.16 Secondees remain staff members of the parent organisation for the period of the secondment.

4.17 UTS secondees retain the right to return to their former substantive positions when the secondment is terminated.

4.18 The parent organisation will continue to provide the conditions of employment of its staff including the following, although the costs may be recovered from the host organisation:

1. the agreed salary plus any allowances and non-cash benefits (for staff with remuneration packaging) and superannuation contributions continue to be paid by the secondee's parent organisation
2. normal leave entitlements continue to accrue and, subject to agreement with the host organisation before the start of the secondment, may be taken during the secondment period
3. workers' compensation cover and, in the case of academic staff, professional indemnity and public liability cover remain the responsibility of the parent organisation. It is the responsibility of the parent organisation to ensure that insurers are notified accordingly.

4.19 Where disparities exist between the secondee's existing conditions of employment and those of the host organisation, an agreement on which conditions will apply must be reached before the secondment starts.

4.20 Where UTS staff are seconded to another organisation, the agreement between UTS and the host organisation must provide for the costs of any overtime, meal money and expenses related to work in the host organisation to be met by the host organisation or refunded to UTS.

Conditions of external secondment between the parent and host organisations

4.21 Terms of agreement must be drawn up before any external secondment begins (a template is available from the Office of General Counsel (SharePoint)). This must be signed by both organisations and the secondee incorporating the following:

1. job description during the secondment
2. remuneration to be paid to the secondee
3. which organisation is to bear the responsibility for salary and on-costs
4. details of removal and travel expenses and who is to be responsible for these costs
5. indemnities and liabilities
6. provision for the agreement to be terminated
7. ownership of intellectual property
8. responsibility of the host organisation to notify the parent organisation of any leave taken during the secondment
9. any confidentiality provisions
10. publication rights, if applicable
11. a provision that the host organisation will not approach the seconded staff member with an employment offer within 6 months of the conclusion of the secondment
12. duration of the secondment.

4.22 In agreeing to the distribution of costs of the secondment, managers must not commit UTS beyond the limitations of their own delegations (refer Delegations) and must take no decisions that lead to a subsidy, direct or indirect, being made to an external organisation.

4.23 In the case of an unreciprocated secondment, an external organisation that initiates the secondment to fulfil its own needs will normally be responsible for all the costs of the secondment. These costs will include:

1. salary, allowances and any non-cash benefits (for example, cars)
2. employer's contribution to superannuation
3. any associated travel and removal expenses
4. workers' compensation cover
5. public liability and professional indemnity cover (if applicable)
6. payroll tax
7. pro rata annual leave
8. pro rata long service leave
9. an administration fee.

4.24 Where there are shared benefits from the proposal, payment of costs should be negotiated and a formal written agreement reached and advised to the secondee in addition to those conditions advised above.

4.25 Where UTS is to be the major beneficiary of the secondment, for example, when its trainees or cadets are seconded to industry to develop necessary skills, appropriate costs will be borne by the UTS.

4.26 When determining the ownership of any intellectual property developed as a result of the secondment, the agreement should, where relevant, incorporate provisions of and references to the Intellectual Property Policy.

5. Roles and responsibilities

5.1 Policy owner: The Executive Director, People and Culture is responsible for the enforcement of and compliance with this policy, ensuring that its principles and statements are observed.

6. Definitions

The following definitions apply for this policy. Definitions in the singular also include the plural meaning of the word.

External secondment means an arrangement made with the mutual consent of the host organisation/workplace, UTS and the staff member whereby the university makes a staff member available under specific agreed arrangements to work with another employer for a specific period.

Host organisation (or host workplace) means the organisation or UTS workplace to which the staff member is seconded.

Internal secondment means an arrangement made with the mutual consent of the host and parent supervisor/manager and staff member whereby a staff member is released to work in another area within UTS's organisational structure.

Parent organisation (or parent workplace) means the organisation or UTS workplace that employs the secondee prior to the secondment occurring.

Secondee means the staff member being seconded.