Part One: General

1.1 Name of the Agreement

This agreement shall be called the Secondary Teachers’ Collective Agreement and referred to hereafter as "this 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 (hereafter "the Association").

1.3 Application

This agreement shall be binding on:

(a) Each employee who is employed by a board of trustees of a state or integrated school to teach in a school defined in 1.4 below and who is or becomes, a member of the Association; and

(b) Each employer, as defined in 1.8 (c) below.

1.4 Coverage

(a) This agreement covers work undertaken in state and integrated schools by:

• Teachers in secondary (Year 9-13) schools and their subsidiary units; and
• Teachers in Year 7-13 schools and their subsidiary units; and
• Secondary (manual) teachers of classes at Years 7 and 8 in approved manual training establishments; and
• Teachers in composite (other than area) schools and special schools and units who teach Year 9 and above students; and
• Itinerant teachers of instrumental music employed by secondary schools; and
• Secondary teachers in the secondary and specialist services divisions of the Correspondence School.

(b) This agreement does not apply to principals.

1.5 Employees and Employers Bound Subsequent to Settlement

1.5.1 New employees whose work falls within the coverage clause of this agreement shall be advised of the existence of this collective agreement and be offered the opportunity to join the Association and thereby become bound by this agreement.

1.5.2 Employees whose work falls within the coverage clause of this agreement and who join the Association during the currency of this agreement shall become bound by this agreement from the date on which they joined the Association.

1.6 Term of Agreement

The term of this agreement is for three years; effective from 15 October 2007 and expiring on 30 June 2010, except as provided for by section 53 of the Employment Relations Act 2000.

1.7 Variations

The parties agree that the terms and conditions of this agreement may be varied at any time by written agreement between the Association on behalf of its members 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.

1.8 Definitions

The following definitions apply unless the agreement specifies otherwise:

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

(b) "Association" or "union" means the New Zealand Post Primary Teachers’ Association.

(c) "Employer" means a board of trustees constituted pursuant to section 93 or section 95 of the Education Act 1989, or a commissioner where a commissioner has been appointed under Part 9 of the Education Act 1989 to act in place of a board of trustees, of a state or integrated school which employs teachers as described under 1.4(a) above. It also means a new board or trustees of a school created by the establishment of a new state or integrated school, or by the amalgamation of two or more existing schools where either event occurs during the term of this agreement as described in 1.6 above. Note: In relation to a dispute about the interpretation, application or operation of this agreement, the employer shall act, if the Secretary for Education acting under delegated authority from the State Services Commissioner so requires, together or in consultation with the Secretary for Education.

(d) "Employee" means any person as defined by clause 1.4 of this agreement who is or becomes bound by this agreement.

(e) "Secondary school" means a year 9-13 (form 3-7) or a year 7-13 (form 1-7) school.