Circular 2007/21

Date: 6 November 2007
Circular Number: 2007/21
Category: Industrial Relations

Settlement of Secondary Teachers' Collective Agreement

This circular is about: The recent settlement of the Secondary Teachers' Collective Agreement.

The action required is: Please 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 in state and state integrated schools who employ secondary teachers who come within the coverage provisions of the Secondary Teachers' Collective Agreement.

For furher information: Contact the Industrial Relations Unit by email: industrial.relations@minedu.govt.nz. All agreements are available on the Ministry's website: www.minedu.govt.nz/goto/employmentagreements

Introduction

The Secondary Teachers' Collective Agreement (STCA) was settled on 15 October 2007. The settlement is for a three year term with salary increases and other improvements introduced over the three years. The settlement was ratified by the members of the Post Primary Teachers' Association (PPTA) on 2 November 2007. This circular provides a summary of the changes and new provisions. The full collective agreement will be available on the Ministry of Education website soon at: www.minedu.govt.nz/goto/employmentagreements.

Secondary Teachers' Collective Agreement - Key Features

Lump Sum Payment

The Terms of Settlement includes a provision for a lump sum (gross) payment of $750 for members of the PPTA (as at 10 September 2007) and who are bound by the settlement on 15 October 2007. This payment is pro-rated for part-time and short-term relieving teachers. The payment was agreed as part of the settlement between the parties and in recognition of the benefits of the PPTA members covered by this agreement entering into a three year collective agreement. Eligible teachers will receive the lump sum in pay period 1617 (payday 21/11/07). Teachers who are on authorised leave on 15 October 2007 may also be eligible for the lump sum providing they return to their positions on or before 30 June 2008.

Base Scale Salary Rates and Units

The salary increases agreed in the settlement are as follows:

• A 4% increase to base scale salary rates with effect from 30 November 2007;
• A further 4% increase to base scale salary rates with effect from 2 July 2008; and
• A further 4% increase to base scale salary rates with effect from 1 July 2009.

The value of units will increase from the current rate of $3,500 p.a. to $3,650 p.a. with effect from
4 July 2007. Units will increase further to $3,800 p.a. from 2 July 2008 and to $4,000 p.a. from
1 July 2009.

The "G notations" have been updated in recognition that the New Zealand Register of Quality Assured Qualifications provides the appropriate framework for determining the linkage between qualifications and salary. This is a significant change from the previous qualification charts and lists and is relevant in New Zealand 21st century schools.

Teachers currently in service will not be affected by the updated "G notations" except where they improve their qualifications and progress up the scale.

The new salary scale is printed below.

* = Entry point for teachers who lack both recognised teaching qualification and subject/specialist qualifications.

# = Maximum for teachers who lack both recognised teaching qualification and subject/specialist qualifications.

^ = Maximum for teachers without a recognised teaching qualification

E = Entry step for qualification group

M = Maximum step for qualification group.

Payment of the new salary steps and unit rates, including any applicable backpay, has been tentatively set down for 30 January 2008. Schools should also note that all new staff who commence prior to 30 January 2008 will commence on the 19 July 2006 rate, with the increase (and backpay) being paid on 30 January 2008.

Qualifications groupings for salary purposes - "G" notations

The "G notations" relate to the entry points and qualifications maxima for teachers who have successfully completed a recognised course of teacher education. The G notations are now determined by the level of teachers' qualifications on the Register of Quality Assured Qualifications as follows:

G1 Level 5 qualification

G2 Level 6 qualification

G3 Level 7 qualification

G3+ Level 7 subject/specialist qualification and recognised teaching qualification (G3+ includes conjoint subject/specialist and teaching qualifications)

G4 Level 8 qualification (or 2 level 7 subject/specialist qualifications)

G5 Level 9 and 10 qualifications - Masters or PhD

The level 7 qualifications must contain at least 72 credits at level 7.

Teachers without recognised teacher education qualifications start two steps behind teachers with equivalent recognised subject/specialist qualifications and a recognised teacher education qualification.

Teachers with primary teaching qualifications only are placed as follows: G1 = Diploma of Teaching, G2 = Higher Diploma of Teaching, and G3 = Advanced Diploma of Teaching or Bachelor of Teaching.

The Qualifications Chart (MoE Circular 1999/11) and subsequent lists that were compiled through the qualifications verification process undertaken by the PPTA and the Ministry of Education will continue to be used to inform judgments about qualifications unable to be allocated a level by reference to the Register of Quality Assured Qualifications.

Quality Assurance Process for qualifications

This note refers to the respective roles of the NZQA and the Teachers' Council with regard to the qualifications and notes that secondary teacher education providers of approved courses limit entry into their courses to those with level 7 qualifications that support the teaching of the New Zealand secondary curriculum in years 7-13; and the Teachers Council approves and monitors teacher education courses.

Middle Management Allowances

From 2 July 2008, an additional 1000 ($1000) Middle Management Allowances (MMAs) will be available to schools to provide additional payments to teachers in secondary schools with middle management responsibilities.

The criteria remain the same as in the 2004-2007 Secondary Teachers' Collective Agreement except that the criteria now includes teachers who have responsibility for at least five High and/or Very High ORRS students if the teacher has the following special duties and responsibilities for those students:

the direct responsibility for the development of the educational programmes of those students (including the significant adaptation of curriculum content); and
the designated responsibility for the implementation of those programmes including providing special assistance to the students in face to face communication and social interaction in order for the students to be engaged, be understood, to respond and to learn.
From 2 July 2008, the allocation to each school of Middle Management Allowances will be generated by the following formula in the Staffing Order:

(((entitlement staffing FTTE - 1)*0.525) + 5) round to the nearest whole number + integer(ORRS roll/5).

Schools will be advised of their new MMA allocation by mid June 2008.

Senior Management Allowances

From 2 July 2008, 1000 new Senior Management Allowances (SMAs) with a value of $1000 each will be available to schools to provide additional payments to teachers in secondary schools with senior management responsibilities.

The criteria for the allocation of SMAs are:

• Up to half may be allocated on a fixed term basis.
• SMAs may be allocated to a teacher who holds a position of either Deputy Principal or Assistant Principal and who formally deputises from time to time for one or more of the Principal's responsibilities (Note that the terms `Deputy Principal' and `Assistant Principal' are defined by role - not necessarily title. They are used to indicate the role of the senior teachers who have school-wide leadership, management and/or administrative responsibilities).
• A teacher may hold no more than two SMAs (or one each of a SMA and an MMA if the criteria for both are met).

The allocation to each school will be generated by the following formula in the Staffing Order:

Roundup(((Management FTTE - 1)*0.18)+2).

Schools will be advised of their SMA allocation by mid June 2008.

Specialist Classroom Teachers

There are a number of changes to the role of Specialist Classroom Teacher (SCT). The allowance payable to SCTs will increase to the value of two units from the start of the 2008 school year. Also from the start of the 2008 school year, schools with a roll size of greater than 1200 (U10 and above) will receive a further 0.16 FTTE time allowance for their SCT (allowing a total of eight hours per week for the role). The entitlement to this extra time will be based the provisional rolls notified to schools in September for the following year and will not change in the year. This is to provide certainty for schools about the SCT time release.

SCTs also gain a new entitlement to have fees reimbursed for study towards post-graduate qualifications from the start of 2008. The maximum reimbursement is $1000 a year for up to two years per SCT. The qualification is to be agreed in discussion between the principal and the Specialist Classroom Teacher as being relevant for the role, with the purpose of the role being:

• supporting other teachers to improve practice
• leading professional learning in the school
• developing teacher practice for improved student outcomes.

Examples of areas for the post-graduate qualifications may include adult education, mentoring/coaching or teacher professional learning.

A form for Specialist Classroom Teachers to use to claim reimbursement of course fees will be available online in Term 1, 2008.

We will be releasing more information about the 2008 process for SCTs very soon. See our website at: http://www.minedu.govt.nz/goto/employmentagreements.

Study Support Grants

In a new initiative, 100 study support grants of 0.16 FTTE (equivalent to four hours per week) will be available nationally to fully registered, permanently appointed secondary teachers from the beginning of the 2008 school year. Each recipient of a study support grant will also be entitled to reimbursement of up to $500 towards his/her course fees upon completion of the course.

The purpose of the Study Support Grant is to provide opportunities for teachers to undertake study and/or research to:

• enhance their knowledge and skills which will support their teaching practice and student learning outcomes
• participate in higher level professional learning
• support the extension of their specialist teaching areas.

A joint group comprising of the Ministry, NZSTA and PPTA will urgently develop a process (similar to study awards) to meet this purpose. This will include developing and publishing the application process and criteria for the study support grants, including the eligibility criteria that may apply. More information will be available as soon as possible before the end of the year to enable the process to be completed before the start of the 2008 school year.

Class size

As part of the settlement, it is expected that from the start of the 2008 school year employers will use reasonable endeavour to achieve, for each teacher who has two or more classes, an average class size of 26 students. This means that the employer will genuinely try to achieve the objective, however, this will not mean that the employer will be required to employ additional staff or use additional funding beyond their current budget.

Time Allowances

Non-Contact time

The employer will endeavour within the policy on timetabling to provide non-contact time for part-time teachers employed between 0.48 FTTE to 0.89 FTTE proportionate to that provided to full time teachers (5 hours per week) effective from the start of the school year in 2008. The non-contact time for part-timers that was in the 2004-2007 Secondary Teachers' Collective Agreement remains in place as a minimum.

Management Non-Contact Time

In addition to the minimum non contact time for unit holders in the 2004-2007 Secondary Teachers' Collective Agreement, the employer will endeavour (from start of the 2008 school year) to provide an hour for each additional permanent unit above three units.

Other Allowances

Resource and Regional Health School Teachers

Resource Teachers in Ministry of Education approved resource roles are now entitled to a unit under the Collective Agreement. Regional Health School Teachers are also entitled to a unit from 28 January 2008. These units are additional to a Board's unit entitlement generated through the application of 4.3.1. The introduction of these units formalises an existing payment for Resource Teachers (without changing the status quo in respect of salary) and does not alter the status quo in terms of other entitlements for both Resource Teachers and Regional Health School Teachers.

Overseas Trained Teacher Allowance

The Overseas Trained Teacher Allowance (OTTA) which was previously contained solely in the Funding, Staffing and Allowances Handbook is now brought into the Collective Agreement effective from 28 January 2008. The school's entitlement to the time for the OTTA has been extended to two terms although there are no other changes to the administration rules previously outlined in the Handbook. Information about the OTTA and the application process can be found in the Funding, Staffing and Allowances Handbook, at www.minedu.govt.nz/goto/resourcinghandbook.

In addition:

• The Head of Department Time Allowance, as agreed in the 2006 variation to the Collective Agreement as a trial, will be included as a permanent provision.
• The Careers Advisors Allowance will increase from $1054 to $1500 from 28 January 2008.
• The Service Increment will increase from $1578 to $2000 from 28 January 2008.
• The Meal allowance will increase from $11.17 to $15.00 from 28 January 2008.

Other than the increases in value, the operation of these allowances will continue as in previous years.

Medical Retirement

The medical retirement (serious illness) trial as agreed in the 2006 variation to the collective agreement, will be included as a permanent provision. The operation of this provision will continue as in the variation.

Leave

There are some changes to the leave entitlements:

• From 2009 there will be an increase from 30 Sabbatical Leave awards to 40 awards per annum. The 2009 positions will be advertised in the Education Gazette in mid-2008. Updated information will be available at www.minedu.govt.nz/goto/sabbaticals at this time.
• From 28 January 2008, permanently appointed teachers will be granted two days paid leave to attend their partner at the birth of their child. Other than the increase from one to two days' paid leave, there is no change to the operation of this provision.
• There is a new entitlement to 100 teacher relief days for the organisers of the national biennial Kapa Haka contest, Kapa Haka Kura Tuarua. These 100 days will be available every two years. The allocation and coordination of the teacher relief days will be administered by the PPTA in the same manner as Ngā Manu Kōrero: principals are invited to apply directly to the PPTA, which verifies and approves the applications, and notifies the Ministry of Education.

Process for outstanding matters

Sitting alongside this settlement is an offer from the Secretary for Education, proposing a process to work in good faith with the PPTA, to try to resolve a number of outstanding matters identified by the PPTA.

Those outstanding matters are:

• Process for consultation on flexible hours.
• Sports leave.
• Pro-rated Maori Immersion Teacher Allowance.
• Definition of secondary school, junior high school and senior high school.
• Itinerant Teachers of Music Allowance.
• Associate Teacher Support Allowance.
• Medical certificates.
• Correspondence School coverage issues.
• Historical anomalies for part-timers.
• Date of eligibility for service increment.

The Secretary for Education has asked that this process also considers the following matters that the PPTA withdrew from its claim:

• MMA flexibility.
• Cluster teacher redeployment.
• Fixed term appointment process.
• Transfers and removals.

Future of secondary education project

The Minister of Education and the Secretary for Education have also expressed their commitment to a project that looks at the future shape of Secondary Education.

The project will be of two years' duration, commencing in 2007 and reporting by August 2009. The project will focus on secondary education and involve engagement with representatives of the sector to gain a common understanding about the future direction of secondary education in New Zealand in the 21st century. The project will reference the Secondary Futures initiative, checking against the preferred vision for secondary education as expressed in that work and working towards the agreed outcomes.

The objectives are:

• to gain agreement on the outcomes for all students from education in a 21st century knowledge based society and economy, and
• to understand what needs to be in place to ensure these outcomes are achieved from a secondary schooling perspective.

Individual Employment Agreements (IEA)

Teachers not bound by the Agreement will need to sign the new promulgated IEA to access the new terms and conditions of the STCA, as applicable. IEAs will be effective from the date of signing and cannot be effective earlier than the promulgation. This means that any payments cannot be backdated to prior to the date of signing of the IEA.

Any questions around the application of IEAs should be directed to your NZSTA representative.

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
 

INDIVIDUAL EMPLOYMENT AGREEMENT
(SECONDARY SCHOOL TEACHERS)

BETWEEN the Board of Trustees ("the Board") of ....................................................... [name of school] ("the School") a statutory body constituted pursuant to section 93 of the Education Act 1989 ................................ [school number] (the Employer)

AND ................................................................................... (the Employee)

The Board appoints/continues [delete one] the employment of the Employee as a ............................................................................... [job title/work to be performed] working at ................................................................................... [place of work] working times as specified in the Secondary Teachers' Collective Agreement 15 October 2007-
30 June 2010 (STCA 2007-2010): indicate either: full-time / part-time [delete one].

If part-time the pro-rata hours of work per week are .................. [indicate proportion of full-time hours] with effect from .................................................. [date] upon and subject to the terms and conditions contained in this agreement.

Salary rates are paid in accordance with the STCA 2007-2010

The work to be performed by the Employee is set out in the attached position description.

The terms and conditions of employment under this agreement are those terms and conditions of the STCA 2007-2010 which, with all the necessary modifications, are applicable to an individual employment agreement for teachers employed in Secondary Schools. In addition, the attached plain language explanation of the services available for the resolution of employment relationship problems shall apply.

The terms and conditions of employment set out in this agreement replace any previous arrangements and understandings.

A copy of the STCA 2007-2010 is attached (available on website).

The Employee acknowledges he/she has had reasonable opportunity to seek advice.

SIGNED by ................................................................ (Employee) on ......................... [date]

SIGNED for and on behalf of the above named Board of Trustees by .......................................... [signature] ............................................................................................ [print name and position] ................................................................................................ [date]