Part One - Application of the Agreement

1.1    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 Post Primary Teachers’ Association (NZPPTA).

1.1.2 In terms of section 74(6) of the State Sector Act 1988 (as amended by the Employment Relations Act 2000), this agreement is binding on:

(c) principals employed in State secondary (including integrated) schools who are or who become members of the NZPPTA;

(d) principals employed in State composite (Years 7-13) (including integrated) schools who are or who become members of the NZPPTA; and  

(e) every employer of a principal described in clauses 1.1.2(a) and 1.1.2(b).

1.1.3 In relation to new boards of trustees the parties agree that:

(a) where a new board of trustees of a school is created from the establishment of a new State secondary (including integrated) school or the amalgamation or merger of any employers bound by this agreement, then the new board shall in terms of clause 1.1.2(c) also be bound by this agreement;

(b) any employer bound by this agreement in terms of clause 1.1.2(c) which whilst remaining a State secondary (including integrated) school changes its name shall remain bound by this agreement;

(c) in accordance with section 74 (6) of the State Sector Act (as amended by the Employment Relations Act 2000), any employer employing a principal who authorises the NZPPTA to represent them shall become bound by this agreement.

1.1.4 In relation to new appointments to the position of principal of a secondary school the following provisions will apply:

(f) where the principal is a member of the NZPPTA, the principal shall be employed according to the terms of this agreement and shall become bound by it.

(b) where the principal is not a member of NZPPTA, the principal shall be employed according to the terms of this agreement for the first 30 days, advised that she/he may join the union and how to contact it and informed that if she/he joins the union, she/he shall become bound by this collective agreement.

1.1.5 All previous contracts or agreements shall be superseded by this agreement.

1.2    Name of Agreement

1.2.1 This Agreement shall be called the Secondary School Principals’ Collective Agreement and referred to as "the agreement".

1.3    Term of Agreement

1.3.1 This agreement is for three years, effective from 28 November 2007 and shall expire on 30 June 2010, except as provided by section 53 of the Employment Relations Act 2000.

1.4    Definitions

1.4.1 The following definitions apply unless the agreement otherwise specifies:

(a) "Advertised" means advertised in the Education Gazette.

(b) “NZPPTA”, means the New Zealand Post Primary Teachers’ Association and “union” or “association” shall have the same meaning.

(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 a principal who is, or who becomes bound by this agreement under its coverage provisions.

(e) "Principal" shall mean a secondary school teacher who has been fully registered or provisionally registered or registered subject to confirmation by the Teachers Council and who has been appointed to the position of principal of a secondary school.

1.5    Declaration Pursuant to State Sector Act

1.5.1 Pursuant to section 75 (1) 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 collective agreement are actual conditions of employment provided that the Secretary for Education may from time to time give concurrence to the salary rates or allowances being treated as minimum rates where there is agreement to this between the employer and the principal.

(Note:  Where an individual employee had such a concurrence issued by the State Services Commissioner or the Secretary for Education on the coming into force of this agreement, that employee will need to reapply to the Secretary for Education in respect of that concurrence.) 

1.6    Variation Clause

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

1.7    Retirement Savings

1.7.1 Principals bound by this Collective Agreement shall be entitled to access the Teachers’ Retirement Savings Scheme (TRSS) in accordance with the terms of that scheme.  Access to the TRSS is limited to principals bound by the collective agreement.

1.7.2 The scheme provides for a matching government contribution of up to 3% of a principal’s eligible gross salary (as defined in the scheme).

1.7.3 Those principals in receipt of an employer or government contribution to their retirement savings or superannuation scheme, including those principals belonging to the GSF or NPF schemes, are not entitled to receive the government contribution described above.