Support Staff in Schools' Collective Agreement

Part 2 – Terms of Employment

2.1 Good Employer / Equal Employment Opportunities and Pay and Employment Equity

(a) Good Employer / Equal Employment Opportunities

Attention is drawn to the Part VIIA 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.

(b) Pay and Employment Equity

The Ministry of Education and Union parties 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 comprising the Ministry of Education, union parties to this agreement and the New Zealand School Trustees Association is to engage over the development and application of Pay and Employment Equity tools and processes in the education sector as they become available. The group is to develop an appropriate response plan for any inequities found as part of this process.

2.2 Appointments

2.2.1 Where an employer intends to fill a position that is vacant in the school (other than with a fixed term employee) the employer shall wherever practicable, notify or advertise the vacancy in a manner sufficient to enable suitably qualified persons to apply for the position.

2.2.2 Attention is drawn to the State Sector Act 1988 in so far as it provides that the person best suited to the position shall be appointed. In applying that provision the employer will have regard to the experience, qualifications and abilities relevant to the position and such other relevant matters as it determines.

2.2.3 Every appointee to a vacancy shall be notified in writing of:

(a) the appointment; and

(b) the salary to be paid; and

(c) the hours and weeks to be worked; and

(d) whether the appointment is fixed term (see 2.3.3 below) or permanent.

2.2.4 Permanent Positions

All appointments shall be permanent unless identified as being for a fixed term.

2.3 Categories of Employment

2.3.1 Full-time

A full-time employee is an employee who is employed for 37.5 or 40 hours per week.

2.3.2 Part-time

A part-time employee is an employee who is regularly employed for less than the full-time hours as specified in 2.3.1.

2.3.3 Fixed Term Appointment

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

(a) at the close of a specified date or period; or

(b) on the occurrence of a specified event; or

(c) at the conclusion of a specified project.

(2) Before an employee and employer agree that the employment of the employee will end in a way specified in (1) above, the employer must:

(a) have genuine reasons based on reasonable grounds for specifying that the employment of the employee is to end in that way; and

(b) 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.

(3) The following reasons are not genuine reasons for the purposes of (2)(a) above:

(a) to exclude or limit the rights of the employee under the Employment Relations Act 2000;

(b) to establish the suitability of the employee for permanent employment.

2.3.4 Payment of Salaries

An employee shall be paid the appropriate hourly or annual rate, according to the hours and/or weeks actually worked, as determined by the employer under 2.4.2 and 2.4.3. An employer shall not be obliged to pay any employee:

(a) during periods when the school is not open for instruction (as per the Education Amendment Act, 1990, S 65A to G, but excluding S 65C(1) and S 65E) of pupils unless the employee is specifically required to work during the periods; and/or

(b) during periods when the employee is specifically not required to work according to 2.5.1.

2.4 Hours of Work and Weeks per Year

2.4.1 All hours of required work shall be paid at the appropriate rate.

2.4.2 The hours of work and the weeks per year of employees will be set by the employer in accordance with the requirements of the school and where applicable will include consideration of the following:

Time spent on school business, trips, camps, meetings, preparation for classroom and individual learning support;

Attendance at Individual Education Plan (IEP) meetings and regular consultation time with the teacher-in-charge for teacher aides of students with special needs.

2.4.3 The hours of work of employees will not exceed 40 hours per week or 37.5 hours per week and will be worked between 8 am and 5 pm daily from Monday to Friday inclusive, unless otherwise agreed by the employer and employee.

2.4.4 Except as provided under 2.4.5, where an employee is required to work additional hours to those set in accordance with 2.4.2 and 2.4.3 the employee may be required temporarily to start and/or finish outside of those hours. These additional hours shall be paid at the ordinary rate of pay unless they are deemed to be overtime according to 2.7.

2.4.5 For every day or part day when an employee is required to attend and stay on an overnight school camp or trip they shall be paid up to 8 hours at ordinary time for hours required between 8 am and 6 pm and 2.7 shall not apply. In addition an overnight allowance is payable as per 5.5.

2.4.6 No employee shall be required to work more than five hours without an uninterrupted break for a meal, such breaks to be not less than 30 minutes and no more than one hour in duration except where otherwise agreed.

2.4.7 (a) Employees shall be entitled to paid breaks in accordance with (b) and (c) below.

(b) Employees working 5 hours or more per day may, on any such day, take either:

(i) one 20 minute break in the morning; or
(ii) one 10 minute break in the morning and one 10 minute break in the afternoon.

The timing of the break(s) shall be such that it takes into account:

• that the operational needs of the school are not compromised; and
• that the employee concerned is afforded a genuine break.

(c) Employees working 2 hours or more but less than 5 hours per day are entitled to either one break of 10 minutes in the morning or one break of 10 minutes in the afternoon.

The timing of the break shall be such that it takes into account:

• that the operational needs of the school are not compromised; and
• that the employee concerned is afforded a genuine break.

2.5 Variation of Hours per Week and/or Weeks per Year

2.5.1 (a) Except as provided for in 2.6, each time the hours of work and the weeks worked per year for employees are fixed by the employer, they shall be fixed by written advice to the employee for a minimum of twelve months. After consideration of 2.4.2 the employer shall give the employee not less than one month’s written notice of any variation in hours of work and/or weeks to be worked, prior to this variation coming into effect. Except in exceptional circumstances (e.g. where an employee is absent on long term sick leave) this notice shall be given at such a time as to ensure it covers a period during which the employee is paid and at work.

(b) Where the employer and employee agree the hours of work and/or the weeks to be worked may be varied during the twelve month period.

2.5.2 Where the variation referred to in 2.5.1 above involves either a reduction or an increase in hours per week and/or weeks per year, the notice period is to allow time for discussions between the employer and employee about the following:

(a) Reasons for the variation;

(b) Whether the variation can be avoided or lessened;

(c) In the case of a reduction in hours, whether that reduction can be absorbed by attrition;

(d) In the case of an increase in hours and/or weeks per year, whether that increase will create any difficulties for the employee;

(e) Whether in a reduction of hours there are alternative hours of work available in the school, with terms and conditions no less favourable. This may involve retraining;

(f) In the case of a reduction in hours of work, consultation on any amendments to the job description which will take into account the reduction in hours applicable to the employee.

Any discussions during this period may involve others in the employee’s team.

2.5.3 There may be occasions when, to meet a temporary demand or due to special circumstances, staff may be required to work additional hours. In these cases, 2.4.3 and 2.5.1 shall not apply, provided that the employer will take into account the personal circumstances of the employee(s) prior to imposing a requirement to work additional hours. Such extra hours shall only apply for so long as the temporary demand or the special circumstances exist.

2.6 Variation to hours or weeks of work for employees employed for a fixed term pursuant to 2.3.3(1)(b)

2.6.1 A fixed term employee employed under 2.3.3(1)(b) whose position is funded by an external funding agency other than the Ministry of Education may have their hours or weeks of work varied at the completion of each three month period from the date of appointment where that funding is varied by the external agency. No hours shall be reduced under this provision before a reduction in funding by the external agency takes effect. Notice is provided to the employee of the variation as soon as this is known by the employer.

The notice periods otherwise provided in this agreement shall not apply.

2.6.2 Where the employer and the employee agree the hours of work and/or weeks to be worked may be varied during the three month period.

2.7 Overtime

All time required by the employer to be worked in excess of 40 working hours or 8 hours per day or outside of Monday to Friday inclusive shall be deemed to be overtime. Computation shall be on a daily basis and payment for overtime shall be at time and a half or alternatively, by mutual agreement, time off in lieu may be taken.