C5. Outside Employment

C5.1 Introduction
C5.2 Policy statement
C5.3 Definitions
C5.4 Procedures
  C5.4.1 Approvals required
  C5.4.2 Conditions and entitlements associated with outside work
  C5.4.3 Application process
  C5.4.4 Breach of policy
  C5.4.5 Review of decisions

C5.1 Introduction

C5.2 Policy statement

It is recognised that some outside employment undertaken by employees may ultimately be of benefit to the University and its reputation. The policy of the University of Southern Queensland is that employees may be granted approval to undertake such paid or unpaid outside employment whilst the employee has a current employment contract with the University, and that such outside employment is subject to the regulations and procedures of the University.

(Approved by Council August 2009)

C5.3 Definitions

C5.3.1 Outside Employment

Participation in any level of work by an employee, paid or unpaid, in addition to their employment at the University is regarded as outside employment. Outside employment can include work undertaken for an outside entity or in a self-employed capacity. Outside employment consists of the following categories:

C5.3.2 University Related/Sponsored Outside Employment and Consultancies

Includes paid or unpaid work undertaken by an employee related to their academic discipline or professional expertise that contributes to the strategic goals and objectives of the University, where the activity is agreed between the University and an outside entity formalised through contractual documentation. Work may be initiated by the employee or the University may approach an employee to undertake such work.

C5.3.3 Private Outside Employment and Consultancies

Includes paid or unpaid work undertaken by an employee that is related to their academic discipline or professional expertise including work certified by a professional body required to retain professional accreditation or registration, where the activity is agreed directly between the employee and an outside entity or client.

C5.3.4 Private Unrelated Outside Employment

Includes paid or unpaid activities that are undertaken by an employee in a private capacity outside normal working hours which are not related to an employee’s substantive position at the University. However, in instances where the Private Unrelated Outside Employment is undertaken for the University (eg an employee undertaking additional casual marking unrelated to their substantive position), approval must be obtained in accordance with D4 Casual Appointments, Section D4.3.3 ‘Concurrent Appointments’.

C5.3.5 Exempt Outside Employment

Includes the following paid or unpaid activities undertaken by an employee: occasional broadcasts and performances, telecasts, public lectures, examination or doctoral supervision duties for other universities, writing or editing of newspaper or journal articles and monographs for publication, whether for sale or otherwise. These activities are not subject to the provisions of this policy and procedures.

C5.4 Procedures

C5.4.1 Approvals required

C5.4.1(a) Employees must obtain approval in advance to undertake University Related/Sponsored Outside Employment and Consultancies and/or Private Outside Employment and Consultancies.  Approval may be granted provided that:

• Approval is sought and obtained in advance in writing, including for associated absences from campus, from the Category 3 Delegate or above, following discussion with the employee’s supervisor and recommendation from the Category 4 Delegate (where applicable).  Approval must be obtained annually for work that is of an ongoing nature with an agreement on the amount of time for outside work that year, with approval for work of an ad hoc or one-off basis throughout the year obtained in each separate instance.
• The work for which approval is sought is of a nature and standard compatible with the professional status of the employee concerned and with the University's standing. 
• The work does not interfere with the efficient discharge of the employee’s normal duties with the University, or impair their academic independence. 
• The work does not involve a perceived or actual conflict of interest between the employee’s personal interests and the interests of the University. 
• The work does not raise a potential health risk or hazard that may prevent or limit the employee’s ability to carry out their University duties.
• The work does not involve a misuse of the employee’s position at the University, and 
• Work is not solicited by any form of public announcement or advertisement, except in instances where the discipline or area of professional practice or accreditation requires such an activity (eg. a registered psychologist with an advertisement in the Yellow Pages, or registration on a public list as required by the profession and/or government legislative requirements).

C5.4.1(b) Approval is not required for Private Unrelated Outside Employment provided that: 

• The work is not related to an employee’s substantive position at the University; 
• The work does not interfere with the performance of University duties and is undertaken outside normal working hours; 
• The work does not involve the use of University resources; 
• The work does not involve an actual or perceived conflict of interest between the employee’s personal interests and the interests of the University, 
• The work does not raise a potential health risk or hazard that may prevent or limit the employee’s ability to carry out their University duties; and 
• The work does not involve a misuse of the employee’s position at the University.
• Employees who are unsure as to whether their outside employment is categorised as Private Unrelated Outside Employment should seek advice from their supervisor prior to undertaking the activity.

C5.4.1(c) Where undertaking Private Unrelated Outside Employment may result in a breach of the requirements in C5.4.1(b), the employee must notify their supervisor immediately and jointly take appropriate steps to remedy the situation, which may include but is not limited to: management of a conflict of interest situation in accordance with USQ’s Code of Conduct, alteration of working arrangements (eg reduced hours of work, period of leave) to ensure that work performance for USQ is not adversely affected by the outside employment commitments, or discontinuing the outside employment.

C5.4.1(d) Employees may not accept fees for private tuition of University of Southern Queensland students.

C5.4.1(e) Employees may not undertake any form of academic activity including teaching, course writing or any other responsibilities for other institutions without approval from the Category 3 Delegate or above, excluding Exempt Outside Employment activities.

C5.4.1(f) Applications to undertake outside work which are not approved are managed in accordance with Section C5.4.5 Review of Decisions.

C5.4.2 Conditions and entitlements associated with outside work

Participation in outside work is normally negotiated through performance management discussions, and in addition for academic employees, through workload allocation discussions.

C5.4.2(a) University Related/Sponsored Outside Employment and Consultancies

University Related/Sponsored Outside Employment and Consultancies must be undertaken through a formal contract developed and approved in accordance with USQ’s agreed contract management framework.

Insurances

An employee undertaking University Related/Sponsored Outside Employment and Consultancies is covered by the University’s professional indemnity and public liability insurances, subject to the terms and conditions of those policies, and is also covered by WorkCover insurance. The employee will also be defended by the University in the event of a claim against the employee, provided they have lawfully, diligently and conscientiously endeavoured to carry out the work.

University resources

An employee undertaking University Related/Sponsored Outside Employment and Consultancies is entitled to use University resources in the course of their work. University resources refers to resources resulting from the expenditure of University funds and includes, but is not limited to: premises, facilities, electricity, equipment and services (such as computing and library); mail, facsimile, telephone, email, internet services and other information facilities; USQ name, letterhead and logo and attributes attached to being an employee of the University such as the University’s reputation.

University resources will be used and accounted for in accordance with normal University policies and procedures.

Subject always to any specific contractual obligations owed by the University to a third party, the terms of the University’s Intellectual Property Policy shall apply to employees undertaking University Related/Sponsored Outside Employment and Consultancies.

Working hours, workloads and remuneration

Where employees receive additional remuneration for University Related/Sponsored Outside Employment and Consultancies the work is normally designated as being undertaken in addition to normal or allocated workload. In these instances the employee’s additional remuneration for the activities undertaken will be via direct payment through the University payroll which will form part of their taxable income.

In instances where the University approaches an employee to undertake University Related/Sponsored Outside Employment and Consultancies, the work may then be designated as being within normal or allocated workload, and the employee may be provided with relief from teaching, administrative or other responsibilities where negotiated, funded and approved by the relevant Delegate, however the employee will not be entitled to receive additional remuneration for work undertaken.

Where an employee is not entitled to additional remuneration, a School/Department may contribute the proceeds from University Related/Sponsored Outside Employment and Consultancies to a School/Department/Discipline based Professional Development Project retained within the Faculty for use in ways approved by the University, which may include but is not limited to: 

• Travel, accommodation and related costs for professional purposes such as attendance at conferences or conferral with persons working in fields related to the recipient’s research, teaching or administrative areas. 
• Administrative matters and support relating to professional development in the employee’s research, teaching or administrative areas
• Journal or membership subscriptions where related to University duties.

Whilst there is no limit on the annual earnings from University Related/Sponsored Outside Employment and Consultancies, employees are required to fulfil their contractual obligations to the University as a first priority and maintain a satisfactory level of performance. Total time commitment will not normally exceed 20% of the employee’s substantive University duties per annum (equivalent to 48 days for a full-time academic employee), however this is not an entitlement and is subject to negotiation and approval from the relevant Delegate.

Fees and cost recovery

The University seeks to recover the full costs of University Related/Sponsored Outside Employment and Consultancies, and charge market competitive rates for employees and resources. However, in setting contract prices, the specific circumstances of any project may be taken into account including but not limited to: 

• Knowledge of market conditions, including the presence of competitors, any comparative advantage and what the market will bear;
• Ownership of the results of the project, including intellectual property; 
• Cost of negotiations, preparation of submissions and like costs for the project in question; 
• Cost of managing the project; 
• The value to the University of conducting the project; 
• The degree of risk or uncertainty involved in the project taking into consideration anticipated results; and 
• The degree to which the external entity may fully appreciate the benefits of the project.

Project costs, contract prices and fees outlined in any contract proposal are established by the relevant Financial Delegate in accordance with the University’s Contract Management Framework, utilising the template for establishing project costs available from the Faculty/Section designated Management Accountant.

Revenue disbursement

Where the University is satisfied that all project costs (both direct and infrastructure costs) have been met and that all conditions of the contract are satisfied, the net balance of any income remaining will normally be distributed as follows, unless negotiated otherwise in contract terms and conditions: 

• 20% to a University central fund or commercial area as appropriate, 
• 20% to the School/Department, and 
• 60% to the contributor/s, paid where eligible in accordance with C5.4.2(a) Working hours, workloads and remuneration

C5.4.2(b) Private Outside Employment and Consultancies

Insurances

An employee undertaking Private Outside Employment and Consultancies is not covered by the University’s professional indemnity and public liability insurances nor by WorkCover insurance, and will not be defended by the University in the event of a claim against the employee. It is the responsibility of the employee to ensure that he or she is adequately covered against contingencies which may arise (eg by suitable professional indemnity insurance).

University resources

An employee undertaking Private Outside Employment and Consultancies will not normally be given approval to use university resources (refer definition in C5.4.2(a)), however access may be granted access for a fee by negotiation with the approving Delegate.

Working hours and workloads

Private outside employment is to be taken outside normal working hours and in addition to allocated workload. However, in instances where professional accreditation or registration requires private consultation with clients during normal business hours, or where it is determined the work will enhance the skills or knowledge of the employee to the benefit of the work area and the University, this should be discussed and agreed during annual workload allocation discussions, and leave without pay or a temporary reduction in working hours or workload may be negotiated to enable an employee to undertake such private outside employment during working hours.

Fees

Remuneration for private outside employment and consultancies is as agreed between the employee and the outside entity and does not involve the University in any way.

Additional requirements

The employee must undertake all private outside employment contractual and financial arrangements without the assistance or involvement of the University; must notify their clients that they are acting in a private capacity and that the University takes no responsibility for the work done; and must bear the costs of all work. A copy of such notification is to be provided with the application to undertake outside employment.

C5.4.2(c) Private Unrelated Outside Employment

Insurances

An employee undertaking Private Unrelated Outside Employment is not covered by the University’s professional indemnity and public liability insurances nor by WorkCover insurance, and will not be defended by the University in the event of a claim against the employee.

University resources

An employee undertaking Private Unrelated Outside Employment will not be given approval to use university resources.

Working hours and workloads

Private Unrelated Outside Employment is to be taken outside normal working hours.

Fees

Remuneration for Private Unrelated Outside Employment is as agreed between the employee and the outside entity and does not involve the University in any way.

Additional requirements

All Private Unrelated Outside Employment must be undertaken in accordance with the conditions contained in C5.4.1(b).

C5.4.2(d) Committees, Boards or Tribunals

An employee may accept paid or unpaid appointment to Commonwealth or State committee, boards or tribunals, or as an adviser or consultant to such a body, provided approval is obtained annually in advance and the appointment does not conflict with the performance of the employee’s University duties, nor present an actual or perceived conflict of interest between the employee’s personal interests and the interests of the University. If the work involved is extensive enough to require reduction in the employee's normal University duties, special arrangements are to be incorporated into any payment to the University for such outside employment.

C5.4.3 Application process

C5.4.3(a) Participation in outside work is normally negotiated through annual performance management discussions, and in addition for academic employees, through annual workload allocation discussions.

C5.4.3(b) For outside work that is of an ongoing nature, approval is to be obtained on an annual basis with an agreement on the amount of time for outside work for that year. Approval to undertake outside work on an ad hoc or one-off basis throughout the year must be obtained in each separate instance.

C5.4.3(c) An Application for Approval to Undertake Outside Employment form (DOC 142kb) must be completed in respect of each activity to be undertaken. This form must indicate the nature, time requirements and any associated financial arrangements of the activity.

C5.4.3(d) The application must firstly be discussed with the employee’s supervisor and then submitted to the Category 4 Delegate (where applicable) who will make an appropriate recommendation and refer the request to the Category 3 Delegate or above for approval or otherwise.

C5.4.3(e) The Category 3 Delegate or above will review the request in terms of these guidelines and indicate their approval or otherwise. The completed Application Form will then be provided to Human Resources who will advise the employee in writing of the approval or otherwise and retain a copy on the employee’s personal file.

C5.4.3(f) On an annual basis, the employee must provide a written report to Human Resources detailing activities and time spent on University Related/Sponsored Outside Employment and Consultancies and Private Outside Employment and Consultancies. This will be retained on the employee’s personal file.

C5.4.4 Breach of policy

C5.4.4(a) Failure to comply with policy provisions will be managed and dealt with under the relevant University policy and procedure and employment contracts as applicable. A failure to comply with these policy provisions may result in disciplinary action.

C5.4.5 Review of decisions

C5.4.5(a) The Vice-Chancellor shall, on request by the employee, review the decision by the Category 3 Delegate or above.

C5.4.5(b) The Vice-Chancellor’s decision in this matter is final.