Consultancy, secondary employment and internal work

The University acknowledges that staff may wish to undertake secondary employment.

The University and its staff have an obligation to manage the risks associated with secondary employment, including the establishment of the necessary governance mechanisms to register, manage and monitor secondary employment.

Secondary employment includes any paid work that is undertaken outside or separate to a staff member’s UQ employment contract, including activities conducted while on approved leave, using the skills UQ has employed you for in your role.

However, you may not:

• use UQ’s name, property, facilities or resources
• be in competition with UQ
• have any unmanaged Conflicts of Interests
• engage in activities that adversely affect your performance of UQ duties.

Subsequently significant changes to the previous Outside Work and Business Interests Policy mean that you no longer have an entitlement to or limit of 200 hours for activities which are classified as Secondary Employment.

In addition, you no longer require approval for most secondary employment with the exception of:

• additional academic employment
• directorships of listed companies or companies commercialising UQ IP.

The following requirements apply to secondary employment:

Private Outside Work, which does not utilise the specialised skills that UQ has employed a staff member for and is not associated with the University in any way, falls outside the definition of secondary employment, and is not required to be registered.

Example scenarios

These example scenarios represent situations that commonly occur at UQ. The examples are a guide only and do not cover every possible situation.

1. Secondary employment – private outside work (academic staff)

I am a full-time academic level A staff member and I run a personal garden design business in my own time during the week and on weekends. 

Do I have to seek approval to do this outside work?

Response

This work would fall outside the definition of secondary employment as it does not utilise the specialised skills that UQ has employed you for and is not associated with the University in any way (Private Outside Work).

As long as it does not utilise any UQ resources, you can continue to conduct this work, without seeking approval and without having to register this work in the Secondary Employment Register.

2. Clinical practice

I am an academic title holder in the School of Medicine. I am employed part-time by Queensland Health and run my own medical practice off site which requires me to practice between 9am and 5pm, three days a week.

1. How would this outside work be impacted by this new policy suite?
2. Would the response be different if I was employed by UQ as a full-time clinical academic and used my professorial title in my practice?
3. Would the response be different if I was employed by UQ as a 0.5 FTE clinical academic?

Response

1. The secondary employment requirements do not apply to casual staff or affiliates (Secondary Employment and Internal Work Procedure). You are an affiliate and therefore the procedure does not apply to you.
2. & 3. If you were a clinical academic employed by UQ, you would fall under the definition of “staff” so procedure would be applicable to you. This work would be classified as Secondary Employment – Private Practice. Private practice must be registered annually in the Secondary Employment Register (Secondary Employment and Internal Work Procedure).

Secondary employment must not:

• Utilise the University’s name, resources or represent the work as a UQ-sponsored or associated activity. There is an approved exception for clinicians using their academic title.
• Negatively affect the performance or efficiency of the staff member in the conduct of their University duties, or adversely affect their availability for University work.

This would need to be assessed by the Level 5 Authorised supervisor, given the large time commitment of your private medical practice. This is unlikely to be appropriate secondary employment for a full-time role, but would more likely be acceptable for a 0.5 FTE.

3. Secondary employment – private practice (academic staff)

I am a full time academic level C working in EAIT and have a relationship with a key client contact at ABC Pty Ltd.

ABC Pty Ltd wishes to engage me through my personal ABN to do outside work which will fall within the hours permitted by the old Outside Work and Business Interests Policy.

1. Am I permitted to conduct this work under the new Policy?
2. What are the new policy requirements that I need to be aware of?

Response

1. This work would fall under the definition of Secondary Employment (Private Practice) under the new policy and procedure.

The new policy does not refer to an upper limit of hours that you may engage in secondary employment, however requires that secondary employment must not:

• utilise UQ names, property, facilities or resources
• be represented as a UQ sponsored or associated activity
• compete with any UQ activity
• negatively affect the performance or efficiency of the staff member or colleagues in the conduct of their UQ duties, or adversely affect their availability for UQ work;
• be gained by staff using their position or association with UQ as the basis for obtaining the work.

It depends on whether you are using any UQ resources to conduct this work and whether you are representing yourself as a UQ employee when soliciting this work.

If this is not the case, you can continue to undertake this work as secondary employment through your personal ABN and may be paid in your personal capacity through your ABN for this work.

If this work does not fulfil the requirements above to qualify as secondary employment, you will need to conduct this work as an employee of UQ, through the University as consultancy.

2. Under the new policy and procedure you will be required to register Secondary Employment annually using the online Secondary    Employment Register (Consultancy, Secondary Employment and Internal Work Policy 2.2).

4. Secondary employment – a second university (academic staff)

I have been invited by a UK university to hold a part time professorial position. The role is not an honorary one; instead, the university proposes to pay me a salary on a fractional 0.3 basis. A multi-year arrangement is on offer.

The UK university only requires me to be there for 3 to 4 weeks a year to deliver classes and mentor staff, with other work (HDR supervision) being done remotely.

1. Is this second academic appointment permissible?
2. Will my conditions of employment at UQ need to change if I accept this appointment?
3. Do I need approval for my second position if I use my recreation leave for the time that I’m working for the ‘second’ university?

Response

1. A second academic appointment is permissible if approved by the Provost, after being endorsed by your Head of School and Executive Dean or Institute Director (Secondary Employment and Internal Work Procedure). For approval to be granted, the second academic appointment must not give rise to a conflict of interest, impede your ability to fulfil your UQ duties, or be in competition with the University (Consultancy, Secondary Employment and Internal Work Policy 2.2).
2. Your conditions of employment may change in a number of ways for approval to be given:
   1. you may be required to lower your FTE at UQ in proportion to your second academic appointment (70% in this case)
   2. you may be required have an IP agreement in place between UQ and the other university that is to the satisfaction of UQ
   3. you may not be permitted to conduct research at the second university that overlaps with funded research at UQ.
3. Using recreation leave at UQ to fulfil your obligations at the second university does not negate the requirement for you to gain approval for this second position. How you will fulfil your obligations to your second university, in terms of any absence from UQ, will need to be agreed with your line manager before approval is given (Consultancy, Secondary Employment and Internal Work Policy 2.2).

5. Secondary employment – a second university (academic staff)

I have been given an honorary professorship at a Chinese university. I am not paid a salary, but I am given financial assistance with travel, accommodation, meals and other costs, through a stipend, that sums to $15,000 p.a. I take this money personally.

Although there is no formal length of time I am expected to be in China, I tend to spend about 6 weeks p.a. at this Chinese university. I haven’t told my Head of School about this honorary position as there is no requirement to disclose honorary positions, and the 6 weeks I am away does not impact on my responsibilities at UQ.

The Chinese university generously supports some small research projects that I run on their campus, and I co-supervise some HDR students on this campus.

1. Is this a second academic appointment?
2. Can I continue to take the money given to me for travel, accommodation and other incidental costs personally?
3. Can I continue to conduct research funded by the Chinese university?

Response

1. Although this arrangement is termed an “honorary” position, it is much closer to a second academic position, than how the term “honorary” position is traditionally used at Australian universities. You have substantial annual remuneration from this university, you conduct research independently from UQ, and there is an expectation that you are present at the Chinese university for a period of time. The substance of this arrangement would therefore be considered an employment-type relationship and under the policy, this is classed as additional academic employment. You will need to seek approval for it to continue (Secondary Employment and Internal Work Procedure).
   In seeking approval the University will consider the terms of this employment and how it impacts your UQ employment. Your conditions of employment may change in a number of ways for approval to be given:
   1. you may be required to lower your FTE at UQ in proportion to your second academic appointment
   2. you may be required have an IP agreement in place between UQ and the other University that is to the satisfaction of UQ
   3. you may not be permitted to conduct research at the second University that overlaps with funded research at UQ.
2. Based on the fact that this is secondary employment, you will not be permitted to utilise any of UQ’s resources to conduct this work (Consultancy, Secondary Employment and Internal Work Policy 2.2). UQ will not be liable for your travel costs, accommodation or incidental costs. Consequently, any monies that you receive can be earned in your personal capacity (Secondary Employment and Internal Work Procedure).

6. Web development business (professional staff)

I am a HEW 8 PeopleSoft Developer working for ITS.

Since before I commenced work with the University, I have had a web development business specialising in building small boutique web applications for British government agencies. I am in partnership with two people that I met when I worked in London, they work fulltime in the business dealing with the clients in Britain.

I am behind the scenes working on the common software libraries for 10 hours per week. I never work on my business during UQ work hours as it is the middle of the night in London and overnight support is contracted to a third-party company.

I do not use my employment at UQ in any way for this work and it is not the same sort of work I do for UQ.

1. Do I have to seek approval to do this outside work?

Response

This work falls within the definition of Secondary Employment (Private Practice) as you are using skills similar to those which UQ has employed you for (Secondary Employment and Internal Work Procedure). You are required to register this work in the Secondary Employment Register as you are a HEW 8 staff member.

As long as it does not utilise any UQ resources (including time during your standard expected work hours), you can continue to conduct this work as secondary employment and receive the proceeds in your private capacity.

7. Family-owned restaurant (professional staff)

I am a HEW 6 finance officer and my family own a restaurant serving up the best Italian food in Brisbane. I work in my family restaurant on Friday and Saturday nights.

Do I have to seek approval to do this outside work?

Response

This work would fall outside the definition of Secondary Employment as it does not utilise the specialised skills that UQ has employed you for and is not associated with the University in any way (Private Outside Work) (Secondary Employment and Internal Work Procedure).

As long as it does not utilise any UQ resources, you can continue to conduct this work, without seeking approval and without having to register this work in the Secondary Employment Register (due to the nature of the work and the fact that you are a HEW 6 staff member).

Relevant policy and procedures

• Consultancy, Secondary Employment and Internal Work Policy
• Secondary Employment and Internal Work Procedure.