Circular 2008/05 Settlement of the Support Staff in Schools’ CA

Date: 20 March 2008
Circular Number: 2008/05
Category: Industrial Relations

Settlement of the Support Staff in Schools’ Collective Agreement; Kaiarahi i te Reo, ATSSD and Special Education Assistants’ Collective Agreement and the ACE Collective Agreement

This circular is about: The recent settlement of the Support Staff in Schools' Collective Agreement; the Kaiarahi i te Reo, Assistants to Teachers of Students with Severe Disabilities and Special Education Assistants' Collective Agreement; and the Adult and Community Education (ACE) Staff in Schools' Collective Agreement.

The action required 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 integrated primary, secondary and area schools.

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

Introduction

The Support Staff in Schools' Collective Agreement (SSCA), and the Kaiarahi i te Reo, Assistants to Teachers of Students with Severe Disabilities and Special Education Assistants' Collective Agreement (KRCA) settlements were ratified by members of the NZEI Te Riu Roa and the Service and Food Workers Union (SFWU) on 22 February 2008. The Adult and Community Education (ACE) Staff in Schools' Collective Agreement was ratified by members of the Post Primary Teachers' Association (PPTA) on 18 December 2007. This circular provides a summary of the changes and new provisions in each agreement. The full collective agreements are available on the Ministry of Education website at: http://www.minedu.govt.nz/goto/employmentagreements.

Support Staff in Schools' Collective Agreement and Kaiarahi i te Reo, Assistants to Teachers of Students with Severe Disabilities and Special Education Assistants' Collective Agreement - Key Features

Term

The terms of both collective agreements shall be from 2 September 2007 until 1 March 2009.

Remuneration

All printed rates in the SSCA and the KRCA (excluding therapists' rates) will increase by 4% from 2 January 2008 and by a further 2% from 14 January 2009.

The printed rates for therapists in the KRCA will increase by:

• 3% from 2 January 2008; and
• 2% from 14 January 2009.

Therapists will translate to a new pay scale which removes the bottom step and adds a new top step on 2 January 2008.

Support Staff Remuneration Work Programme

The Ministry of Education, the NZEI Te Riu Roa and the NZ School Trustees' Association (NZSTA) will establish a tripartite work programme to develop options for a new support staff remuneration structure that will support schools and the support staff workforce. The work programme undertakes to outline options, the potential cost implications and the proposed timeframes, in a joint report to go to the Minister of Education by 1 September 2008 for his consideration.

Other elements of the two settlements include:

• a Kaiarahi i te Reo Work Programme;
• further investigation into the indemnity of health professionals;
• deletion of the bottom step of the Special Education Assistants scale.

Union Member Recognition / Individual Employment Agreements

In recognition of the ongoing commitment to the various work programmes by the members of the NZEI Te Riu Roa and the SFWU it was agreed a new individual employment agreement (IEA) will be promulgated on 1 July 2008. After 1 July 2008 existing employees who are not union members will be entitled to receive the 4% increase (if applicable) from the date they sign the new IEA. It should be noted the additional 2% increase effective from 14 January 2009 will not be part of the promulgated IEA.

New Employees

The Employment Relations Act 2000 states that new employees are entitled to be employed on an IEA based on the applicable collective agreement for the first 30 days of employment, after which they can choose to remain on an IEA or join the applicable union and become a party to the collective agreement. The effective date from which the new agreement has to be offered to a new employee is the date the collective agreement is signed by both parties (18 March 2008).

Copies of IEAs specifically for new employees employed between 18 February 2008 (i.e. 30 days before the signing date of the collective agreement) and 1 July 2008 are available at: http://www.minedu.govt.nz/goto/employmentagreements.

A template letter of appointment for these employees can be downloaded from the NZSTA website on http://www.nzsta.org.nz. Further information can be sought from regional NZSTA advisers.

Adult and Community Education Staff in Schools' Collective Agreement

This collective agreement binds approximately 250 schools (mainly secondary) involved in the provision of adult and community education funded through the Tertiary Education Commission. It binds administrators and tutors. The main features of the settlement, ratified in late December 2007, are:

• a term from 3 January 2007 until 31 October 2008;
• from 3 January 2007 a 2.1% increase in hourly rates and in the Responsibility Allowance paid to co-ordinators;
• a new Grade 3 Non-Teaching Co-ordinator classification and rate, available only to appropriately graded full-time co-ordinators; and
• a joint commitment by the Ministry and the PPTA to examine the industrial implications of a changed ACE funding environment, should this be announced during the term of the agreement.

Individual Employment Agreements for adult and community education employees

Separate IEAs for ACE tutors, liaison assistants, supervisors, and teaching and non-teaching co-ordinators were promulgated in January 2008. They are effective from the date of signing by the employer and employees. Copies are available at: http://www.minedu.govt.nz/goto/employmentagreements.

New employees are required to be employed on an IEA based on the terms and conditions of the applicable collective agreement for the first 30 days of their employment.

New Employees

The Employment Relations Act 2000 states that new employees are entitled to be employed on an IEA based on the applicable collective agreement for the first 30 days of employment, after which they can choose to remain on an IEA or join the applicable union and become a party to the collective agreement. The effective date from which the new agreement has to be offered to a new employee is the date the collective agreement is signed by both parties (18 March 2008).

Copies of IEAs specifically for new employees employed between 18 February 2008 (i.e. 30 days before the signing date of the collective agreement) and 1 July 2008 are available at: http://www.minedu.govt.nz/goto/employmentagreements.

A template letter of appointment for these employees can be downloaded from the NZSTA website on http://www.nzsta.org.nz Further information can be sought from regional NZSTA advisers.

ISSUED BY
Name Chris Collins
Title 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
http://www.minedu.govt.nz