Part One - General

1.1 Name of the Agreement

This agreement shall be called the Area School Teachers’ Collective Agreement and referred to hereafter as the “agreement”.

1.2 Parties

The parties to this agreement shall be:

(a) the Secretary for Education acting under delegation from the State Services Commissioner made pursuant to section 23 of the State Sector Act 1988 and acting in accordance with section 74(5) of the State Sector Act 1988; and

(b) The New Zealand Post Primary Teachers’ Association and The New Zealand Educational Institute Te Riu Roa (referred to hereafter as “the Association” and the “Institute” respectively).

1.3 Coverage

1.3.1 This agreement covers teachers (excluding principals) employed in area schools.

1.3.2 This agreement shall be binding on:

(a) all employees who come within the coverage clause and who are at the commencement of the agreement or who become during the term of the agreement, members of the Institute or the Association.

(b) Pursuant to section 74(6) of the State Sector Act 1988, the employers of those teachers.

1.4 Employees and Employers bound Subsequent to Settlement

1.4.1 New employees whose work falls within the coverage clause of this agreement shall, in accordance with the Employment Relations Act 2000, be advised of the existence of this collective agreement and be offered the opportunity to join the Association or the Institute and thereby become bound by this agreement.

1.4.2 Employees who join the Institute or the Association during the currency of this agreement shall become bound by this agreement from the date on which they joined.

1.4.3 The parties agree that this agreement shall become binding on any new Board of Trustees which employs a teacher to whom clause 1.3.1 applies.

1.5 Term of Agreement

This agreement shall come into force on 19 December 2007 and shall expire on 30 June 2010, except as provided for by section 53 of the Employment Relations Act 2000.

1.6 Variations

The parties agree that the terms and conditions of this agreement may be varied at any time by written agreement between the Secretary for Education, under delegation from the State Services Commissioner made pursuant to section 23 of the State Sector Act 1988, and the Association and the Institute.  Any variation shall take effect from the date of settlement unless otherwise specified.

1.7 Savings

Unless otherwise specified the terms and conditions of employment of every teacher covered by this agreement will be identical with those that applied prior to 1 April 1988.

1.8 Definitions

The following definitions apply unless the agreement otherwise specifies:

(a) Except for fixed term positions of responsibility “advertised” means advertised nationally.

(b) “Association”, means the Post Primary Teachers’ Association and “Institute” means the New Zealand Educational Institute.  “Unions” means both the Association and the Institute.

(c) “Employer” shall mean a Board of Trustees or where a Commissioner has been appointed under Part 9 of the Education Act 1989 to act in place of the Board of Trustees, the Commissioner.  (Note: In relation to a dispute about the interpretation, application or operation of this agreement, the employer shall act, if the State Services Commissioner and/or the Secretary for Education acting under delegation so requires, together or in consultation with the State Services Commissioner and/or the Secretary for Education.)

(d) “Employee” means any person who is or becomes bound by this agreement under clauses 1.3 or 1.4.

1.9 Declaration Pursuant to Act

Pursuant to Section 75 of the State Sector Act 1988, the salary rates and allowances contained in this agreement are declared actual rates, provided that concurrence may be given from time to time by the Secretary for Education under authority delegated from the State Services Commissioner, to the salary rates or allowances being treated as minimum rates where there is agreement to this between the employer and any of its employees.