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

Date: 15 August 2006
Circular Number: 2006/18
Category: Industrial Relations

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

This circular is about: Initiation of bargaining for a new School Caretakers' and Cleaners' (including Canteen Workers) Collective Agreement. Advice on "vulnerable workers" legislation.

The action required is: Bring the attached Initiation of Bargaining notice to the attention of all employees whose work is covered, within 10 days of receipt of this notice.

It is intended for: Board of Trustees chairpersons and principals.

For further Information: Contact the Industrial Relations Unit by email: industrial.relations@minedu.govt.nz.

Initiation of Bargaining

The Service and Food Workers Union have formally initiated bargaining for a renewal of the collective agreement covering caretakers, cleaners and canteen workers in state and integrated schools. Employers are required to bring the initiation (see page 2) to the attention of any employee potentially covered, as soon as possible but no later than 10 days after receipt of this notice.

Vulnerable Workers

School caretakers, cleaners and canteen workers are vulnerable workers under part 6A of the Employment Relations Act and as such have special protections if their work is contracted out. In 2005 the Employment Court determined these protections did not apply in succession to contract situations (i.e the contract is lost to another contractor) and Government is now moving by legislative amendment to ensure employees in this situation are protected.

Government wishes to ensure boards are aware of its intention that in a succession to contract situation employees are protected, including a right to employment with the new contractor. They would expect boards to take this into account in their tendering and contracting processes should this situation emerge prior to the legislation being passed.

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

Notice of Initiation of Bargaining
School Caretakers, Cleaners, Canteen Workers

On 7 August 2006 the Service and Food Workers' Union formally notified the Ministry of Education that they intend to seek a collective agreement covering every employee who is employed by an employer as either a caretaker, cleaner or canteen worker in a state or integrated primary, secondary or composite school or a community learning centre.

For the purposes of this notice, "employer" means every board of trustees (or commissioner as appropriate) or a state or integrated primary, intermediate, secondary, or composite school, as defined in the Education Act 1989.

The intended parties to the collective agreement will be the Service and Food Workers' Union and the Secretary for Education acting under delegation from the State Service Commissioner issued in accordance with the State Sector Act 1988. The agreement sought will bind all employers and all members of the Service and Food Workers' Union coming within the coverage of the proposed collective agreement as outlined above.

Chris Collins
For the Secretary of Education