Primary Principals' Collective Agreement

Effective 21 December 2007 to 30 June 2010

Part 1: Coverage/Term of Agreement

1.1 Parties and Coverage

1.1.1 This agreement is entered into by:

(a) The Secretary for Education acting under delegation from the State Services Commissioner made pursuant to section 23 and acting in accordance with section 74(5) of the State Sector Act 1988 (as amended by the Employment Relations Act 2000); and

(b) The New Zealand Educational Institute Te Riu Roa (NZEI).

1.1.2 This agreement is binding on:

(a) Each principal who comes within the coverage set out in 1.1.3 and who is or who becomes a member of NZEI; and

(b) Every employer as defined in 1.4.4 below.

1.1.3 This agreement covers work undertaken in state and integrated schools by principals in:

(a) Primary schools (including normal schools, model schools and intermediate schools);

(b) Composite schools other than area schools;

1.1.4 Untrained or Unregistered Teachers

Nothing in this Agreement shall apply to untrained or unregistered teachers

1.2 Name of Agreement

1.2.1 This Agreement shall be called the Primary Principals Collective Agreement and referred to as “the Agreement”.

1.3 Term of Agreement

1.3.1 This Agreement shall come into force on the 31st day of December 2007 and shall expire on the 30th day of June 2010, except as provided for under s 53 Employment Relations Act 2000.

1.4 Definitions

The following definitions apply unless the Agreement otherwise specifies:

1.4.1 “Area school” shall have the meaning ascribed in the Education (school staffing) Order for the time being in force.

1.4.2 “Composite school” shall mean a school classified as a composite school under the Education Act 1989.

1.4.3 “Correspondence school” shall mean a school classified as a Correspondence School under the Education Act 1989.

1.4.4 “Employer” shall mean a Board of Trustees constituted pursuant to the Education Acts 1964 and 1989 (or where a Commissioner has been appointed under Part 9 of the Education Act 1989 to act in place of the Board of Trustees, that Commissioner) of a state or integrated school that employs employees falling within the coverage as set out in 1.1.3.

(Note: In relation to a dispute about the interpretation, application or operation of this collective agreement, the employer shall act, if the Secretary for Education acting under delegation from the State Services Commissioner made pursuant to section 23 of the State Sector Act 1988 so requires, together or in consultation with the Secretary for Education acting in accordance with section 74A (b) of the State Sector Act 1988.)

1.4.5 “Institute” or “union” shall mean the New Zealand Educational Institute Te Riu Roa.

1.4.6 “Primary school” shall mean a school classified as a primary school or an intermediate school under the Education Act 1989.

1.4.7 "Principal" shall mean a primary teacher who has been fully registered or provisionally registered or registered subject to confirmation by the New Zealand Teachers Council and who has been appointed pursuant to clause 2.2 to the position of principal.

1.4.8 “Special school” shall mean a school classified as a special school under the Education Act 1964.

1.4.9 “School reorganisation process” shall mean a process which is Ministry initiated and/or approved by the Minister in which the future class, or designation, or structure of a school is being reviewed in conjunction with the future class, or designation, or structure of any other school or schools.

1.4.10 “Reorganised school” is the continuing school/s from the gazetted commencement date of reorganisation. This includes schools that have also decapitated or recapitated in addition to physically merging with other another school or schools whether or not there is a change of class or designation.

1.5 Declaration Pursuant to Act

Pursuant to section 75 of the State Sector Act 1988 the Secretary for Education acting pursuant to the delegated authority of the State Services Commissioner has declared that all of the conditions contained in this Agreement are actual conditions of employment provided that the Secretary for Education may from time to time give approval to the salary rates or allowances being treated as minimum rates where there is agreement to this between the employer and the principal.

1.6 Variations Clause

The parties agree that the terms and conditions contained in this Agreement may be varied at any time by written agreement between NZEI and the Secretary for Education, acting under delegation from the State Services Commissioner made pursuant to section 23 of the State Sector Act 1988 in accordance with section 74 of the State Sector Act 1988. Any such variation agreed shall be binding on employees and employers of those employees covered by this Agreement in accordance with s 74(6) of the State Sector Act 1988 (as amended by the Employment Relations Act 2000).