BLENNZ Individual Employment Agreement

BETWEEN

the Board of Trustees ("the Board") of the Blind and Low Vision Network NZ (BLENNZ) ("the Employer") a statutory body constituted pursuant to section 93 of the Education Act 1989

AND

...................................................................................... (the Employee)

The Board appoints/continues the employment of [delete one] the Employee as a .................................................................... [job title/work to be performed], working at ......................................................................... [place of work], with effect from the date this agreement has been signed by both signatories (except as provided below) upon and subject to the terms and conditions contained in this agreement.

Notwithstanding anything to the contrary in the Blind and Low Vision Education Network NZ Collective Agreement 2010-2011, the effective date of any of its provisions in respect to this agreement shall be the date this individual employment agreement is signed by the employer and employee and, except for new employees within their first 30 days of employment, no sooner than the date of promulgation of this agreement.

The Employee's hours of work will normally be ......................................

The Employee's step (if appropriate) shall commence under this agreement at [Step] ................................ and the Employee's salary/hourly [delete one] rate shall commence under this agreement at $....................

The work to be performed by the Employee is set out in the existing/attached [delete one and note that "existing" is not an option for a new employee] position description.

The terms and conditions of employment under this agreement are those terms and conditions of the Blind and Low Vision Education Network NZ Collective Agreement 2010-2011, with all the necessary modifications applicable to an individual employment agreement. A copy of the Blind and Low Vision Education Network NZ Collective Agreement 2010-2011 is attached [available at http://www.minedu.govt.nz/employmentagreements].

The terms and conditions of employment set out in this agreement replace any previous arrangements and understandings.

The Employee acknowledges he/she has had a reasonable opportunity to seek independent advice.

SIGNED by .................................... (Employee) on .................... [date]

SIGNED for and on behalf of the above named Board of Trustees by
[signature] ........................................................................................
[print name and position] ...................................................................
[date] ...............................................................................................
[school number] ................................................................................




Reminder for boards of trustees
(NB: this reminder does not form part of the IEA)

Individual Employment Agreement (Blind and Low Vision Education Network NZ)

In offering the promulgated Individual Employment Agreement to new employees, boards are required to meet their obligations under the Employment Relations Act 2000.  The following provides a guide to the obligations in relation to new employees where a Collective Agreement is in place. Note - Appropriate processes and template letters of appointment are contined in the employment section of the NZSTA website at www.nzsta.org.nz.

New employees - where a collective agreement is in force:

• The requirements of the Employment Relations Act 2000 apply in full to all collective agreements and individual employment agreements.
• New employees who are members of the union (or unions) party to the collective agreement and perform the work covered by a collective agreement will be bound by that collective agreement.
• New employees who are not union members and perform the work covered by a collective agreement shall be offered an individual employment agreement which, for the first 30 days of employment, contains terms and conditions of employment of the collective agreement.
• At the time the employee enters into the individual employment agreement and before the employee commences work, the employer must advise the employee:
• that the collective agreement exists and covers the work to be done by the employee,
• that the employee may join the union that is party to the collective agreement, and how they can contact the union,
• that if they join the union they will be bound by the collective agreement, a copy of which the employer will give to the employee and 
• that for the first 30 days their terms and conditions of employment will be those of the collective agreement that would bind them if they were a union member.
• If the employee agrees, the employer will inform the union as soon as practicable that they have entered into an individual employment agreement with the employee.
• At the end of the 30 days, if the employee has not joined the union which is party to the collective agreement, the employer and employee may agree to vary the terms and conditions of employment.
• If the parties wish to vary the promulgated individual employment agreement, either on appointment or after the 30 day period, they will require concurrence from the Ministry.
• If the employer and employee choose not to vary the terms and conditions of the promulgated individual employment contract after the 30 day period it remains in force unchanged