PART TWO: TERMS OF EMPLOYMENT

2.1 GOOD EMPLOYER PRACTICE / EQUAL EMPLOYMENT OPPORTUNITIES

Attention is drawn to s.77A of the State Sector Act 1988 which outlines the responsibilities of the employer with regard to the operation of a personnel policy that complies with the principles of being a good employer and the equal employment opportunity responsibilities of the employer. These responsibilities include:

(i) Good and safe working conditions;

(ii) Equal employment opportunities;

(iii) Recognition of the aims and aspirations and employment requirements of Māori people;

(iv) Opportunities for the enhancement of the abilities of individual employees;

(v) Recognition of the aims and aspirations and the cultural differences of ethnic or minority groups;

(vi) Recognition of the employment requirements of women; and

(vii) Recognition of the employment requirements of persons with disabilities.

2.2 APPOINTMENTS

(a) Attention is drawn to the State Sector Act 1988 insofar as it provides that the employer shall, wherever practicable, notify the vacancy in a manner sufficient to enable suitably qualified persons to apply for the position and the person best suited to the position shall be appointed.

(b) Equal employment opportunities principles shall be applied and demonstrated in appointments procedures. The intent of these principles is to provide equal access and consideration and equal encouragement in areas of recruitment, selection, promotion and career development. These principles are to be applied to enable people to pursue their careers without their chances being reduced by factors which are irrelevant to the requirements of the position under consideration. In particular, the employer will have regard to the experience, qualifications and abilities relevant to the position, and such other relevant matters as the employer determines.

(c) All part-time and full-time positions shall be permanent unless identified as fixed term positions in accordance with 2.2(d).

(d) (i) An employee and an employer may agree that the employment of the employee will end:

• at the close of a specified date or period; or
• on the occurrence of a specified event; or
• at the conclusion of a specified project.

(ii) Before an employee and employer agree that the employment of the employee will end in a way specified in 2.2(d)(i) the employer must:

• have genuine reasons based on reasonable grounds for specifying that the employment of the employee is to end in that way; and
• advise the employee of when or how his or her employment will end and the reasons for his or her employment ending in that way.

(iii) The following reasons are not genuine reasons for the purpose of 2.2(d)(ii):

• to exclude or limit the rights of the employee under the Employment Relations Act 2000;
• to establish the suitability of the employee for permanent employment.

(iv) Fixed term employees other than relievers, as defined under 1.6, are referred to and treated as relievers for the purposes of this Agreement.

(e) Teachers taking up a senior teacher position shall not be entitled to leave of absence from their existing position, unless the employer determines otherwise.

(f) Employees appointed to another position within an association are not considered to be new employees.

(g) On appointment to a position, all employees shall receive a letter of appointment specifying their salary and total hours of work, including maximum contact hours and professional time.

2.3 TRANSFERS

(a) Where relieving, secondment, redeployment or redundancy are not applicable an employer may transfer an employee to a vacancy which has not been advertised, provided that the employee has agreed to the transfer and is suitable for the position.

(b) Where an employee agrees to transfer to a permanent position in another location which necessitates the removal of the employee’s household, the employer shall reimburse actual and reasonable costs arising from the removal of the employee’s family and household under such conditions as the employer may determine.

2.4 JOB SHARING

(a) The employer will decide whether a position is suitable for job sharing. If so, any two employees may jointly apply for a position and will be considered for joint suitability.

(b) If one of the joint holders subsequently resigns or retires, the remaining job share participant may approach the employer with a new suitable job share partner or transfer to the vacancy arising in respect of the balance of the position thereby becoming full-time. In the event that the remaining job share participant elects to resign as a result of the end of the job share, no redundancy shall be payable.

Except that the provisions in place for the job share arrangement of employees employed in job share positions at 2 October 2000 shall be those applicable immediately prior to that date.

(c) Salaries will be paid on a pro-rata basis. Annual increments shall be payable on the same basis as for full-time employees. Employees shall be entitled to public holidays, annual holidays, sick leave and other leave (on the same basis as permanently appointed full-time employees) but will be paid on a pro-rata basis.

2.5 HEALTH AND SAFETY

(a) Where an employee's health and safety are shown to be significantly at risk through the course of their duties, the employer shall, in consultation with the appropriate health and safety authorities, take such steps as are necessary to provide protection for the employee.

(b) The employer shall ensure safe working practices and appropriate hygiene measures are in place to reduce the risk of infection by contagious disease. Where there is significantly increased risk, the situation shall be assessed on an individual basis and pre-exposure immunisation made available as advised by the Ministry of Health.

(c) Employers shall take all practical steps to ensure a safe working environment for employees. Employees also have a role in ensuring their own health and safety and that of people around them as described in the Health and Safety in Employment Act 1992.

2.6 HOURS OF WORK

(a) The hours for which an employee is employed each week in excess of child-contact time shall be considered professional time.

Employees shall work such hours as are reasonably required of them to properly fulfil the duties and responsibilities connected with their employment, whether or not such hours exceed the total hours of work as set out in their letter of appointment.

(b) From the date of settlement, except as provided for under clause 2.7, no employee shall have her/his hours of work recalculated through the operation of this clause.

The hours of work as they relate to employees in Kindergarten Session and Kindergarten Day operations are those described in 2.6(b) 1 and 2.6(b) 2 respectively:

(1) Kindergarten Session

Where a kindergarten operates sessionally as defined under the clause 1.6(k):

1.1 The maximum child-contact hours for full-time employees shall be no more than 26 hours per week, and less than 26 hours per week for part-time employees. These hours may vary from week to week provided that when averaged over a four-week period they do not exceed the maximum.

1.2 From the beginning of 2008 (or earlier at the discretion of the employer) head teachers shall be entitled to eight hours quarterly, designated as head teacher professional time, to be used as described in clause 1.6(o). This time will be taken at a time agreed with the employer when the kindergarten is open for instruction. The head teacher professional time can be accumulated up to 32 hours per calendar year.

1.3 In addition to annual leave and public holidays, employees shall be entitled to term breaks of a minimum of 15 days (or three of the employees ordinary working weeks) per annum. These term breaks shall be considered professional time as per clause 1.6(n). Term breaks shall be at times when the kindergarten is closed for instruction which will generally coincide during the year with the term breaks in primary schools.

1.4 An employee shall not normally be required to attend the kindergarten or elsewhere during the term breaks. There may, however, be occasions during term breaks (professional time) when an employee is required by the employer to attend the kindergarten, or elsewhere, to carry out duties and responsibilities connected with their employment including:

(a) planning and preparation

(b) professional learning and development

(c) administration

except where those duties have already been satisfactorily completed by an employee.

1.5 An employee may apply to not attend the kindergarten or elsewhere during term breaks when required to do so under 2.6(b) 1.4 and 2.6(b) 1.6. The employer shall take the individual needs of the employee into account when making a decision.

1.6 The employer shall give at least two months' notice to employees where all employees are required to attend a kindergarten, or elsewhere, at specific times during term breaks, to carry out duties and responsibilities connected with their employment. In all other situations the employer shall endeavour to give reasonable notice to the employees affected.

1.7 Employees shall be paid during times when the kindergarten is closed for instruction even when they are not on annual leave and are not required by the employer under 2.6(b) 1.4 or 2.6(b) 1.6 to attend a kindergarten or elsewhere to carry out duties and responsibilities connected with their employment.

(2) Kindergarten Day

2.1 Where a kindergarten operates as described under clause 1.6(l) and is open for instruction for up to and including 32.5 hours per week clause 2.6(b) 2.3 and its sub-clauses shall apply.

2.2 Where a kindergarten operates as described under clause 1.6(l) and is open for instruction for more than 32.5 hours per week clause 2.6(b) 2.4 and its sub-clauses shall apply.

2.3 Where a kindergarten is open for instruction for up to and including 32.5 hours per week and operates as described by clause 1.6(l):

2.3.1 The maximum child-contact hours for full-time employees shall be no more than 30 hours per week, and less than 30 hours per week for part-time employees. These hours may vary from week to week provided that when averaged over a four-week period they do not exceed the maximum.

2.3.2 From the beginning of 2008 (or earlier at the discretion of the employer) head teachers shall be entitled to eight hours quarterly, designated as head teacher professional time, to be used as described in clause 1.6(o). This time will be taken at a time agreed with the employer when the kindergarten is open for instruction. The head teacher professional time can be accumulated up to 32 hours per calendar year.

2.3.3 In addition to annual leave and public holidays, employees shall be entitled to a minimum of 15 days (or three of the employees ordinary working weeks) professional time per annum when they shall not normally be required by the employer to attend the kindergarten or elsewhere. There may, however, be occasions during this time when an employee is required by the employer to attend the kindergarten or elsewhere to carry out duties and responsibilities connected with their employment including the following professional tasks:

(a) planning and preparation

(b) professional learning and development

(c) administration

except where the duties have been satisfactorily completed by the employee.

This professional time may be when the kindergarten is open or closed for instruction and shall be timetabled by the employer. (In cases where the kindergarten does not close for instruction the employer shall consult the employee in timetabling the professional time.)

Note: This professional time is in addition to the professional time provided as part of the total hours of work per week.

2.3.4 An employee may apply to not attend the kindergarten or elsewhere when required to do so under 2.6(b) 2.3.3 and 2.6(b) 2.3.5. The employer shall take the individual needs of the employee into account when making a decision.

2.3.5 The employer shall give at least two months' notice to employees where all employees are required to attend a kindergarten, or elsewhere, for the purposes of professional time as described in 2.6(b) 2.3.3. In all other situations the employer shall endeavour to give reasonable notice to the employees affected.

2.3.6 Employees shall be paid during these times even when they are not on annual leave and are not required by the employer under 2.6(b)2.3.3 and 2.6(b)2.3.5 to attend a kindergarten or elsewhere to carry out duties and responsibilities connected with their employment.

2.4 Where a kindergarten is open for instruction for more than 32.5 hours per week and operates as described by clause 1.6(l):

2.4.1 The maximum child-contact hours for full-time base scale employees shall be no more than 35 hours per week, and less than 35 hours per week for part-time base scale employees. These hours may vary from week to week provided that when averaged over a four-week period they do not exceed the maximum.

2.4.2 The maximum child-contact hours for full-time head teachers shall be no more than 30 hours per week, and less than 30 hours per week for part-time head teachers. These hours may vary from week to week provided that when averaged over a four-week period they do not exceed the maximum.

2.4.3 All employees shall be entitled to a minimum of seven days per annum which shall be designated as professional time when the kindergarten is open for instruction, primarily for the purposes of professional learning and development. There may be times, at the request of the employee, when this time is used for planning and preparation or administration.

Note: this professional time is in addition to the professional time provided as part of the total hours of work.

(c) Refreshments and Lunch Breaks

(i) Refreshments:

(a) Each employee shall be entitled to take refreshments during the day when working in child contact.

(b) Each employee working more than six child-contact hours per day, shall be entitled to two paid refreshment breaks per day of no less than 10 minutes;

(ii) Lunch breaks (unpaid):

(a) Where a kindergarten is open for instruction for two separate periods of time in the same day separated by a break where no children attend, the employer shall ensure there is no less than 45 minutes between child contact sessions, during which time employees shall take their lunch break;

(b) Where a kindergarten is open for instruction for more than four and up to 6.5 continuous hours on any day, each employee working five hours or more shall be entitled to a lunch break of 30 minutes, which may be increased by mutual agreement;

(c) Where a kindergarten that is open for instruction for more than 6.5 continuous hours on any day each employee working five hours or more shall be entitled to a lunch break of one hour, which may be decreased to no less than 30 minutes by mutual agreement;

(d) No employee shall be required to work more than five hours without a meal break;

(iii) No child shall be left unattended during refreshments and lunch breaks.

Note: Attention is drawn to the Employment Relations (Infant Feeding and Other Matters) Amendment Act 2008

2.7 CHANGES TO HOURS OF OPERATION

(a) Principles of Change

The parties bound by this agreement, as outlined in clauses 1.1 and 1.2 of the agreement, recognise and agree that:

(i) The process of change is ongoing;

This may be brought about by changes in the operating environment of the Early Childhood Education sector, changing community needs, or by the organisation continually looking for ways by which improvement to quality and delivery of service may be achieved.

(ii) There are positive ways in which the process of change can be approached and utilised to the benefit of all;

Planning, prior to and during change, is recognised as an important part of any managed approach.

(iii) Effective and successful changes to the organisation require the involvement of employees. This includes timely and appropriate consultation.

(b) Consultation

(i) Where the decision to consider change is made, the employer will provide employees with a genuine opportunity to be involved, recognising the right of the employer to plan, manage, organise and finally decide on the operations of the association.

(ii) The employer will initiate consultation in writing to the affected employees and the NZEI Te Riu Roa Field Office (copied to the National Secretary) no less than six weeks prior to the proposed implementation date.

(iii) In the course of consultation, the employer and affected employees and their union representatives will discuss key components that the change will impact on. This includes, but is not limited to, use of professional time, child-contact for part-time employees, support, and change management support for the individual, the team, the association and the community.

(iv) Without limiting the extent of consultation, issues for consideration shall also include whether proposed changes:

(i) Promote structural and process quality education for children;

(ii) Are fair and reasonable for full-time and part-time employees;

(iii) Meet the needs of families, whānau and community; and

(iv) Meet the needs of the association.

(c) Confirmation of Change

Once the employer has determined the final operating model of a kindergarten, the employees shall be notified in writing of the change to be implemented, including the date of implementation, and relevant details of changes to the organisation of their work.

(d) Transfer

During the consultation process or following notification of the change but prior to implementation of the change and on request from an employee, the employer may at its sole discretion consider offering to transfer an employee to a different position within the Association using the provisions of clause 2.3.

2.8 CONSULTATION ON THE ESTABLISHMENT OF A NEW KINDERGARTEN

If a Free Kindergarten Association intends to establish a new free kindergarten, the Association will initiate consultation in writing to NZEI Te Riu Roa Field Office (copied to the National Secretary) no less than six weeks prior to the proposed opening date.

2.9 CONSULTATION ABOUT CHANGE TO CHILD-CONTACT WITHIN A PART-TIME POSITION

Where an employer wishes to change the proportion of child-contact hours within a part-time position, the employer shall consult with the affected employee(s) and the union in the context of what is fair and reasonable for the employee(s).

2.10 TERMINATION OF EMPLOYMENT

In the case of all permanent employees a minimum of one month's notice of termination of employment shall be given by either the employer or the employee unless otherwise agreed. The employer and employee may agree to payment in lieu of notice. However, nothing in this clause shall prevent dismissal without notice for serious misconduct.

2.11 ACCESS

In accordance with the Employment Relations Act 2000, a representative of the union shall be entitled to enter a workplace at all reasonable times for purposes related to the employment of its members and to the union’s business. The representative will exercise this right in a reasonable way, having regard to the normal operations of the workplace and will comply with any reasonable procedures and requirements relating to health and safety or security.

2.12 DEDUCTIONS

(a) With the consent of individual union members, the employer shall arrange for the deduction of union fees for all union members covered by this agreement.

(b) Union fees deducted from a member’s salary or wages must be paid to the union in accordance with any arrangement agreed with the union.

(c) The employer may deduct and retain up to 2.5 percent of the aggregate sum of the amount deducted as an administration fee / commission for the service on the following terms:

(i) that union fees be paid to the union on a fortnightly basis accompanied by a schedule of members for whom the deduction has been made; and

(ii) that the administration fee / commission be charged at the time deductions are made.

2.13 UNION MEETINGS

(a) Every teacher covered by this agreement will be allowed to attend at least two union meetings (each of a maximum of two hours duration) each year on ordinary pay. As kindergartens operate non-child contact sessions such meetings shall occur, as far as practicable, during these sessions.

(b) The union shall give the employer at least 14 days' notice of the date and time of any meeting to which 2.13(a) applies.

(c) The union shall make such arrangements with the employer as may be necessary to ensure that the employer’s business is maintained during any union meeting including, where appropriate, an arrangement for sufficient union members to remain available during the meeting to enable the employer’s operations to continue.

(d) Work shall resume as soon as practicable after the meeting, but the employer shall not be obliged to pay any union member for a period greater than two hours in respect of any meeting.

(e) Only union members who actually attend a union meeting shall be entitled to pay in respect of that meeting and to that end the union shall supply the employer with a list of members who attended and shall advise of the time the meeting finished.

2.14 UNION RIGHTS

(a) The employer shall make available notice board space in an agreed place for the display of NZEI Te Riu Roa notices.

(b) (i) Employment relations education leave of up to 5 days per year shall be available to union members as follows.

(ii) The Union is required to notify the association in writing of the maximum number of days of employment relations education leave and the basis of calculation of this maximum within one month of 1 March each year.

(iii) The Union may not allocate leave until such time as that notice has been provided. In accordance with section 75(4) of the Employment Relations Act 2000, the maximum number of days’ leave the union may allocate in that year will reduce by one-twelfth for each complete month that the notice in 2.14(b) (ii) is not provided.

(iv) Where the Union allocates employment relations education leave to an eligible teacher, the Union shall provide the employer with a copy of the notice to the teacher advising:

• that the union has allocated leave to the teacher;
• the number of days leave (up to a maximum of 5 days per year) allocated to the individual teacher;
• that the teacher must take the leave by the end of the year in which it is allocated; and
• the terms or effects of sections 78 and 79 of the Employment Relations Act 2000.

(v) In accordance with section 78 of the Employment Relations Act 2000, where a teacher proposes to take the leave allocated to them, the teacher must tell their employer no later than 14 days before the first day of such leave:

• that they propose to take the leave;
• the dates on which they propose to take the leave; and
• the employment relations education that the employee proposes to undertake during that leave.

(vi) The employer may refuse to allow a teacher to take the leave where the notice requirements in 2.14(b) (v) have not been met or, if the employer is satisfied, on reasonable grounds, that the teacher taking leave on the dates notified would unreasonably disrupt the employer’s business.

(c) The employer acknowledges the responsibility of any employee who is appointed NZEI Te Riu Roa advocate / counsellor, executive member, regional representative of Early Childhood National Caucus or worksite representative.

2.15 REDEPLOYMENT

(a) When it is known that a kindergarten may close or that the number of staff may be reduced, and where natural attrition will not achieve the required decrease in positions, the employee(s) shall be given at least three months' notice in writing and redeployment options shall be explored in consultation with the union. Subject to the requirements of the State Sector Act 1988, the employer will, in consultation with the union, identify any available or impending vacancies for which the employee may wish to be considered.

(b) During the notice period both the employer and the employee shall make reasonable efforts to locate suitable alternative employment in a free kindergarten for the employee (or association in the case of senior teachers). In the event that a reasonable offer of employment is made, the employer's responsibilities under these provisions shall be fulfilled.

(c) The offer of a position:

(i) in the same location or within reasonable commuting distance;

(ii) with substantially similar terms and conditions of employment; and

(iii) with comparable duties and responsibilities

shall constitute a reasonable offer for the purposes of this provision.

(d) The employer shall provide reasonable paid leave to attend job interviews.

(e) The employer and any affected employee and the union may, with the concurrence of the Secretary for Education, agree in writing to an alternative arrangement to the provisions contained in this clause.

(f) The provisions of this clause shall apply in the event of the contracting out of any work of employees covered by this agreement or in the event of the sale or transfer of ownership of all or part of the business.

2.16 REDUNDANCY

(a) Where a reasonable offer of employment under 2.15 is not made by the time of the expiry of the notice period or no alternative arrangements have been agreed, the employer shall give the union and the affected employee(s) one month's notice of redundancy.

(b) Notice of redundancy shall include the number of employees affected, the location and reasons for the dis-establishment of the position(s).

(c) Employees shall be entitled to redundancy compensation based on average gross weekly earnings as follows:

six weeks' pay for the first 12 months or part year of service as a teacher, head teacher or senior teacher and thereafter two weeks' pay for every year or part year of service to a maximum of 30 weeks.

(d) Employees shall be entitled to all holiday pay and salary owing.

(e) The employer shall provide reasonable paid leave to attend job interviews.

(f) Where a needs analysis requires a part reduction in hours for a permanent employee, and no other suitable position is available in accordance 2.15(c) a partial redundancy payment shall be made based on the proportion of the position reduced.

2.17 RETIREMENT SAVINGS SCHEME

(a) Employees shall be entitled to access the State Sector Retirement Savings Scheme (SSRSS) in accordance with the terms of that scheme.

(b) The scheme provides for a matching government contribution of up to 3.0% of a teacher’s gross salary (as defined in the scheme).

(c) Those employees already in receipt of an employer or government contribution to their retirement savings or superannuation scheme, including those employees belonging to the GSF scheme, are not entitled to receive the government contribution described in 2.17(b).

2.18 EQUAL OPPORTUNITIES AND PAY AND EMPLOYMENT EQUITY PROVISIONS

The employers are committed to promoting, developing and monitoring equal employment opportunities and programmes in free kindergartens as defined by section 120 of the Education Act 1989.

Attention is drawn to the Equal Employment Opportunities provision of the State Sector Act 1988 as they apply to Free Kindergarten Associations. This requires the employer to:

(i) Each year develop and publish an equal opportunities programme for the Association;

(ii) Ensure in each year that the equal employment opportunities programme for that year is complied with throughout the Association;

(iii) Include in the annual report of the Association

(a) A summary of the equal employment opportunities programme for the year to which the report relates; and

(b) An account of the extent to which the Association was able to meet, during the year to which the report relates, the equal employment opportunities programme for that year.

An equal employment opportunities programme means a programme that is aimed at the identification and elimination of all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality in respect to the employment of any person or group of persons.

The parties and those bound by this collective agreement agree with the Government’s aspiration in the Pay and Employment Equity Plan of Action that remuneration, job choice and job opportunities in the state education sector should not be affected by gender.

A tripartite group will engage over the application of Pay and Employment Equity tools and processes as they become available and in consultation with the Pay and Employment Equity Unit of the Department of Labour. The group will develop a response plan for any inequities found as part of this process.

2.19 CONTINUITY OF EMPLOYMENT IN RESTRUCTURING

(a) For the purpose of this provision restructuring, in relation to a Kindergarten Association’s business:

(i) means:

• entering into a contract or arrangement under which the Kindergarten Association’s business (or part of it) is undertaken for the Kindergarten Association by another person; or
• selling or transferring the Kindergarten Association’s business (or part of it) to another person; but

(ii) to avoid doubt does not include:

• the termination of a contract or arrangement under which the Kindergarten Association carries out work on behalf of another person or organisation.

(b) Where it is proposed that the Kindergarten Association be restructured and, as a result of that restructuring, the work being performed by any affected employees of the Kindergarten Association would be performed by a new employer, then:

(i) in accordance with the principles outlined in 2.7(a) the Kindergarten Association will inform the NZEI at the earliest opportunity, and as soon as is practicable will provide the NZEI with copies of the information outlined in b(ii) below;

(ii) within a reasonable period prior to the restructuring taking effect the Kindergarten Association will notify the new employer of the number of affected employees and, in relation to each affected employee, provide details of;

• the work currently being performed by those employees; and
• details of their terms and conditions of employment (including their total remuneration, length of service and any accrued benefits or entitlements).

(iii) the Kindergarten Association will arrange to meet with the new employer to negotiate:

• the number and type of positions in respect of which the affected employees may be offered employment with the new employer;
• the terms and conditions of employment on which the affected employees may be offered employment on those conditions (including whether the affected employees will transfer to the new employer on the same terms and conditions of employment and if those terms and conditions will be included in a collective agreement);
• the arrangements, if required, for the transfer of any existing superannuation scheme benefits or entitlements and any other accrued benefits and entitlements in relation to those affected employees who may be offered employment by the new employer;
• the arrangements, if required, for when and how offers of employment are to be made to the affected employees and the mode of acceptance.

(iv) the Kindergarten Association will also endeavour to arrange a meeting between the new employer and the NZEI as soon as practicable prior to the restructuring taking place;

(v) The Kindergarten Association will keep the NZEI informed regarding negotiations with the new employer in respect of the matters contained in b (iii) above.

(c) The Redeployment (2.15) and Redundancy (2.16) provisions of this Agreement will apply to an affected employee who either:

• is not offered employment by the new employer; or
• chooses not to accept an offer of employment from the new employer;

provided that any affected employee who declines an offer of employment in an equivalent position with the new employer shall not be entitled to redundancy compensation (2.16).

(d) An employee who intends to decline an offer of equivalent employment should discuss with the Kindergarten Association the alternate options that might be available under the Redeployment (2.15) or Redundancy (2.16) provisions prior to formally making that decision.

(e) For the purposes of this clause employment in an equivalent position means employment in a position that:

• is substantially the same as the employee’s previous position; and
• is in the same general locality; and
• is on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy and superannuation conditions); and
• is on terms that treat the period of service with the Kindergarten Association (and any other period of service recognised by the Kindergarten Association as continuous service) as if it were continuous service with the new employer.