Circular 2006/03 - Collective Agreement settlements

Date  25 January 2006
Circular number 2006/03
Category Industrial Relations

Collective Agreement Settlements: Support Staff in Schools; and Kaiarahi i te Reo, Therapists', ATSSD and Special Education Assistants

This circular is about Details from the ratified Support Staff in Schools Collective Agreement; and the Kaiarahi i te reo, Therapists', ATSSD and Special Education Assistants' Collective Agreement.

The action required is Note information and various actions required.

It is intended for Chairpersons of Boards of Trustees and principals of all state and state-integrated schools.

For further Information Contact the Industrial Relations Unit by email: industrial.relations@minedu.govt.nz [no spam]. All agreements are available on the Ministry's website. The NZ School Trustees Association (NZSTA) will provide further information.

Introduction

This circular provides advice on changes arising from recent settlements of the Support Staff in Schools' Collective Agreement 2005-2006 and the Kaiarahi i te reo, Therapists', Assistants to Teachers of Students with Severe Disabilities and Special Education Assistants' Collective Agreement 2005-2006.Adult and Community Education Collective

Support Staff in Schools and Kaiarahi i te reo etc CA Settlements

The NZEI Te Riu Roa (NZEI) and Service and Food Workers Union (SFWU) formally advised the Ministry of Education on 21 October 2005 that the Support Staff in Schools Collective Agreement (SSCA) and the Kaiarahi i te reo, Therapists', ATSSD, and Special Education Assistants Collective Agreement (KRCA) settlements reached on 16 September had been ratified. These agreements came into effect on 21 October 2005 and will expire on 1 September 2006.

Please note that occupational therapists and physiotherapists are covered by the KRCA from 21 October 2005. It was agreed to move them from coverage of the SSCA as the KRCA was considered more relevant for salaried employees. While many conditions are transferred across for these employees, affected Boards should note that some conditions (eg sick leave, long service leave) will change.

The key elements of these settlements are listed below and are applicable to both agreements (ie marked both) unless otherwise indicated: 

• a 2.0% wage increase effective from 4 January 2006 with a further 1.0% wage increase effective from 12 April 2006; 
• a term from 21 October 2005 to 1 September 2006; 
• agreement of NZEI Te Riu Roa and the NZSTA to develop joint good practice guidelines on a number of matters including processes for changes to hours of work, progression and appraisal and medical processes including the administration of medication and safe practice; 
• a  number of technical changes to clauses contained in the collective agreements required by legislation and/or to clarify entitlements.

The new terms and conditions apply automatically to NZEI and SFWU members whose work is covered by the applicable collective agreement. The implementation of new rates of pay for union members covered by the SSCA and the KRCA is scheduled for as soon as possible.

The settlements also put in place a work programme over the term of the agreements. This will examine a number of issues that were raised but not fully explored or addressed during the negotiation process. These issues include annualisation of support staff wages, wage scale structures, grading, mechanisms for recognition of qualifications and the investigation of specific issues relevant to occupational therapists and physiotherapists employed by Board of Trustees.

The work programme reflects a process for constructive engagement between the unions on behalf of their members, the Ministry of Education and the NZSTA. The work programme is intended to inform the next bargaining round and link with the undertaking by the NZEI and the NZSTA to work jointly on good practice guidelines.

Individual Employment Agreements

Existing employees who are not union members do not automatically receive wage increases. As part of the settlement the Ministry agreed that it would not promulgate a new updated IEA based on the terms of the settlement of the collective agreements until 12 April 2006. It will be available from the Ministry website from that date. This means that boards will be unable to offer employees a newly promulgated IEA until that date.

The Employment Relations Act sets out an employer's obligations to new employees who are not union members and perform the work covered by each of the collective agreements. A template letter of appointment for these employees can be downloaded from the NZSTA website on www.nzsta.org.nz or alternatively further information can be sought from regional NZSTA advisers.

An employee, as described above who is not a union member but who later joins, is entitled to any increases from the date of joining, at which point they become bound by the relevant collective agreement.

Issued by

Chris Collins, Senior Manager Industrial Relations

National Office, 45 - 47 Pipitea Street, Thorndon, P O Box 1666, Wellington, New Zealand
Phone 04 463 8000 fax 04 463 8001