Circular 2006/09 - Initiation of bargaining

Date: 16 May 2006
Circular Number: 2006/09
Category: Industrial Relations

Circular 2006/18 - School Caretakers/Cleaners/Canteen Workers CA Initiation of Bargaining

This circular is about: Initiation of bargaining for the Adult and Community Education Staff (ACE CA); and the ratification of the Secondary and Area School Groundstaff Collective Agreement.

The action required is: To note the contents of the circular. In the case of ACE, employers are required to provide the Notice of Initiation of Bargaining to employees.

It is intended for: Boards of trustees, chairpersons and principals of all affected schools.

For further Information: Contract the Industrial Relations Unit by email; industrial.relations@minedu.govt.nz. To view the collective agreement or promulgated individual employment agreements please visit the website: www.minedu.govt.nz/goto/employmentagreements

Adult and Community Education Collective Agreement - Initiation of Bargaining

The New Zealand Post Primary Teachers' Association (PPTA) has this week formally initiated bargaining for the Adult and Community Education (ACE) Staff Collective Agreement.

Boards are required to, as soon as possible, bring the attached Initiation of Bargaining notice to the attention of all employees covered by (or potentially covered by) this collective agreement, whether or not they are members of the PPTA.

Note: There are approximately 240 schools delivering Adult and Community Education (ACE). Of these the large majority are state secondary schools with the remainder area schools (approximately 20) or designed primary schools (10). Schools not delivering ACE are not affected by this initiation notice.

Adult and Community Education Collective Agreement - Initiation of Bargaining

The Amalgamated Workers' Unions (AMUs) notified the Ministry on 19 April 2006 that the above collective agreement settlement had been ratified by members. The key elements of the settlement are: 

• A 2% wage increase effective from 4 January 2006 with a further 1% wage increase from 12 April 2006; 
• A term from 4 January 2006 until 31 October 2006; 
• A number of technical changes, mainly linked to the Holidays Act 2003, in relation to Leave (see especially 5.1, 5.2, 5.4, 5.5, 5.6). Also new Employment Protection Provisions (4.9) required by the Employment Relations Act; 
• A commitment to examine certain issues associated with funding and pay rates prior to the next negotiations.

The new terms and conditions apply automatically to AMU members in secondary and area schools whose work falls under the coverage clause (1.2) of the collective agreement (CA). The CA itself is in the process of being signed with the three AMUs and so may not be immediately available on the Ministry's website.

Individual Employment Agreements (IEAs)

Existing employees who are not union members do not automatically receive wage increases. An IEA for groundstaff is being promulgated by the Ministry which comes into effect on signing or may be backdated to 12 April 2006 where the employer agrees. An employee, as described above, who is not an AMU member but who joins after it comes into effect, is entitled to any increase from the date of joining, at which point they become bound by the 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: 0-4-463 8000
Fax: 0-4-463 8001
www.minedu.govt.nz

16 May 2006

Notice of Initiation of Bargaining

On 8 May 2006 the Ministry of Education received formal notification from the NZ Post Primary Teachers' Association (PPTA) that they seek to renew their collective agreement covering adult and community education personnel employed in any state or state integrated school (excluding the Correspondence School) and employed by a Board of Trustees or a Commissioner.

The intended parties to the collective agreement will be the PPTA and the Secretary for Education acting under the delegation from the State Services Commissioner. The agreement sought would bind all the employees defined who are, or become members of the PPTA and every board of trustees (or Commissioner) employing such employees coming within the coverage of the proposed collective agreement as outlined above.

Section 43 of the Employment Relations Act 2000 requires that, upon receiving a notice initiating bargaining for a collective agreement under the Act, details of that notice are to be drawn to the attention of all employees who come within the coverage of the intended agreement within ten days of receiving that notice.

Chris Collins
For the Secretary for Education