Circular 2011/23 Support Staff and Kaiarahi i te Reo Collective Agreements

Date 19 September 2011 | Circular 2011/23 | Category Industrial Relations

This circular is about the details of the recent settlement of the Support Staffin Schools' Collective Agreement and the Kaiarahi i te Reo, Therapists', Assistants to Teachers of Students with Severe Disabilities and Special Education Assistants' Collective Agreement. It also contains information on Individual Employment Agreements.

This circular does not replace any other.

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 attached community learning centre.

For more information contact the Industrial Relations Unit, email Industrial Relations mailbox.
All agreements are available on the Ministry’s website.

Introduction

The Support Staff in Schools Collective Agreement 2011-2013 (SSCA) and the Kaiarahi i te Reo, Therapists’, Assistants to Teachers of Students with Severe Disabilities and Special Education Assistants’ Collective Agreement 2011-2013 (KRCA) were settled on 4 August 2011.

The SSCA was ratified by members of the Service and Food Workers’ Union (SFWU) and the New Zealand Educational Institute Te Riu Roa (NZEI) on 16 September 2011. The KRCA was ratified by members of the NZEI on 16 September 2011. Both collective agreements were signed on 19 September 2011 and expire on 20 December 2013.

This circular provides a summary of the changes and new provisions. The full collective agreements are available on the Ministry of Education website. Printed copies will be available from the New Zealand School Trustees Association (NZSTA).

Individual Employment Agreements for employees who are not union members in positions covered by the SSCA or KRCA

Employees who are not union members in positions covered by the SSCA or KRCA may be offered the newly promulgated Individual Employment Agreement (IEA) to access the applicable terms and conditions of the new collective agreement. 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 offer employees who are not union members the promulgated IEA then it is recommended that you draw their attention to the details of the applicable terms and conditions of the new SSCA or KRCA. Please also ensure the employee is aware that the terms and conditions in the IEA will only be effective from the date they sign it and cannot be backdated to an earlier date.

The promulgated IEAs are available on the Ministry of Education website. Any questions about the process and appropriate use of IEAs should be directed to your NZSTA industrial advisor or the Industrial Relations Unit (industrial.relations@minedu.govt.nz [no spam]).

Key features of the SSCA and KRCA settlements

Term (clauses 1.4 SSCA and KRCA)

A term of 29 months from 4 August 2011 - 20 December 2013.

Remuneration (Part 3 SSCA and KRCA)

The full collective agreements containing the salary scales are available on the Ministry of Education website. The minimum printed rates increase from 19 September 2011 (to be paid on 19 October 2011 being pay period 2415), 20 June 2012 and 20 March 2013 as follows:

Note: NZEI and NZSTA will be writing to Boards recommending as part of good employment practice, that the salary/wages of any employee who is paid over and above the salary scales in the SSCA be subject to an annual remuneration review, as part of the normal performance management system.

Recognised Qualifications provisions (clauses 3.8 SSCA and 3.7 KRCA)

The Ministry, NZEI and NZSTA will issue joint guidelines on the operation of the new Recognised Qualification provisions by 20 December 2011. The new provisions are effective from 28 January 2012 and mean that:

• The employer must agree that the qualification is relevant to the employee’s position and position description before a payment is made.
• The employee must be given the chance to discuss the issue if the employer considers the qualification is not relevant the employee’s position and position description.
• The payments are linked to the NZQF levels (payment for holding a qualification that has been recognised by NZQA as equivalent to the qualifications in the NZQF will be effective from the date the application is lodged with NZQA for assessment).

Note: Any employee who is in receipt of a payment that recognises their qualification under the provisions of clauses 3.8 SSCA 2009-2011 and 3.7 KRCA 2009-2011 as at 27 January 2012 will continue to receive that payment whilst they remain in their current job with their current employer.

Appendix A SSCA 2009-2011 and KRCA 2009-2011 has been deleted from the new collective agreements and will be kept on the Ministry website for reference.

Domestic Leave provisions (clauses 4.5 SSCA and 4.2.6(iii) KRCA)

The domestic leave provisions have been amended to remove the restriction on the amount an employee may use of their sick leave entitlement for domestic leave.

Discussion forum

The Ministry, NZEI and NZSTA have agreed to meet to discuss a number of matters related to current and future coverage and salary and wage mechanisms and/or systems during the term of these collective agreements.

Supervision of Therapists (clause 5.7 KRCA)

The eligibility criteria for funding mandatory supervision of therapists for competency purposes has been extended to provide 100% funding for 0.6 Full Time Equivalent and above.

Issued by

Sarah Borrell, Industrial Relations Manager, Education Workforce, Schooling Group
Ministry of Education, National Office, 45–47 Pipitea Street, Thorndon, P O Box 1666, Wellington, New Zealand
Phone 04-463 8000, Fax 04-463 8159, Email industrial.relations@minedu.govt.nz