Circular 2011/17 - Caretakers and Cleaners (incl Canteen workers) CA

Please note

Union members will receive the increased rates on 7 September 2011 (pay period 2412) and not on 10 September 2011 (pay period 2411) as stated in the printed circular sent to schools recently.

Date 22 July 2011 | Number 2011/17 | Category Industrial Relations

Overview

This circular is about the recent settlement of the School Caretakers' and Cleaners' (including Canteen workers) Collective Agreement and information on Individual Employment Agreements.

This circular does not replace any other circular.

The action needed is to note the contents of this circular and complete the requirements concerning Individual Employment Agreements if applicable.

It is intended for chairpersons of boards of trustees and principals of all state and state-integrated schools or an attached community learning centre.

For more information email the Industrial Relations Unit, industrial.relations@minedu.govt.nz.

All agreements are available on this website.

Introduction

The School Caretakers’ and Cleaners’ (including Canteen workers) Collective Agreement 2011-2013 (the "collective agreement") was settled on 6 July 2011 and ratified by members of the Service and Food Workers Union (SFWU) on 21 July 2011. The collective agreement was signed by the parties on 22 July 2011 and expires on 18 July 2013 (a term of 24 months).

This circular provides a summary of the changes and new provisions. Printed copies will be available from the New Zealand School Trustees Association (NZSTA).

Individual Employment Agreements for Caretakers', Cleaners' and Canteen workers

Caretakers, cleaners and canteen workers who are not union members may be offered the newly promulgated IEA to access the applicable terms and conditions of the School Caretakers’ and Cleaners’ (including Canteen workers) Collective Agreement 2011-2013. Individual Employment Agreements (IEAs) are only effective from the date of signing and cannot be effective before the date they are promulgated by the Secretary for Education.

If you are intending to immediately offer the new terms and conditions to staff on IEAs, please note that these cannot be backdated prior to the employer and employee signing the IEA. Therefore it is recommended that you immediately draw your non union caretakers, cleaners and canteen workers attention to this settlement and the promulgated IEA.

The promulgated IEA is available on this website. Any questions about the process and appropriate use of IEAs should be directed to the Industrial Relations Unit, email industrial.relations@minedu.govt.nz or your NZSTA industrial advisor.

Individual Employment Agreements for Caretakers', Cleaners' and Canteen workers

1. Term (clause 1.3)

A term of 24 months from 22 July 2011 to 18 July 2013.

2. Remuneration (clause 2.2)

There is no change to the allowances, the minimum rates for both cleaners and caretakers will be increased by 1.25% as of 18 July 2011, with further increases of 1% as of the 28 January 2012 and 18 July 2012.

This increase will paid to all union members on 7 September 2011 (pay period 2412).

Minimum wages shall be:

Cleaners:

Caretakers:

The full collective agreement is available on this website.

3. Amend Termination of Employment (clause 6.11.3)

This amendment will provide a school board with an extended time frame of one full pay period after the completion of the employees duties to make a full and final payment. The previous requirement to make this payment was 36 hours.

6.11.3 Where the appropriate notice is given, and subject in all cases to the prior return of keys, clothing, equipment, etc, then the worker shall either be paid on completion of his/her duties, or the employer shall at the next available full pay period after the completion of the worker's duties, post a remittance or cheque for the known net amount due, to the worker. If the employer fails to comply with this provision, the employer shall be liable to a penalty of 15 percent of the known net amount due to be paid to the worker subject to the return to the employer of all keys.

4. Amend Annual Leave (clause 5.5)

This amendment will allow leave to be taken at any time the school is closed for instruction, as opposed to the previous requirement to take leave at the end of the school year.

5.5.1 All annual leave shall be taken at a time in which the school is officially closed for instruction at the end of the academic year (unless there is, or has been, agreement to do otherwise). Except as provided under 5.5.5 and 5.5.6 Annual Leave shall be taken in the year it falls due. Any unused Annual Leave may only be carried forward to the following year with the written agreement of the employer.

5. Acknowledgement of the parties

The parties have also agreed that the NZSTA and the SFWU will work together to produce guidelines around harassment and bullying in the workplace.

School Based Variations

The ratification of the collective agreement provides a timely opportunity for boards to review employee’s files (including any school level variations) to ensure they are consistent with the terms and conditions of the new collective agreement and to update these where necessary.

It is important that boards and principals understand and adhere to the terms and conditions of the school based variations as outlined in clause 1.4.2 of the collective agreement:

1. Is there a school level variation in place for that individual?
2. Has the variation been agreed in writing and signed by the employee, employer and a representative of the union?
3. If the variation has been made verbally can this variation now be recorded in writing, and signed by the employer, employee and a representative of the union?
4. Does the variation clearly specify the individual elements of an employee’s remuneration package, if not what would these elements be?

Please note: a template for a school based variation agreement is now available on the NZSTA website.

In the event a board has concerns and/or questions regarding its employment arrangements with individual employees, the board should contact the NZSTA or its own employment adviser.

Issued by

Sarah Borrell, Manager Industrial Relations
Ministry of Education, National Office, 45–47 Pipitea Street, Thorndon, P O Box 1666, Wellington, New Zealand

Phone 04-463 8000, Fax 04-463 8001
Email industrial.relations@minedu.govt.nz