Special Residential Schools' Collective Agreement

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Email: employment.relations@education.govt.nz

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Terms of Settlement

Special Residential Schools' Collective Agreement
Effective 28 February 2019 to 27 February 2021

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  • Terms of Settlement
    • This document sets out agreed components of a settlement for the Special Residential Schools’ Collective Agreement (SRSCA) 2019-21, between the Secretary for Education and the New Zealand Public Service Association (PSA).

      1. Remuneration and Term

      1. a 24 month term for the SRSCA, from date of settlement on 28 February 2019 to 27 February 2021;
      2. changes to the remuneration scales detailed in the attached Appendix B: Date 1 is with effect from 28 January 2019, and Date 2 is with effect from 1 April 2020; provided that ratification is achieved by 28 February 2019;
      3. with effect from the date of settlement, all employees on Grade C and Grade D will receive a single one-off lump sum payment of $300 gross, provided that ratification is achieved by 28 February 2019.

      2. MoE/PSA/NZSTA Joint Initiative Group (hereafter “Joint Initiative Group”)

      The parties agree to convene a Joint Initiative Group (MoE/PSA/NZSTA).

      1. regarding board policies on the new domestic violence legislative provisions in the first five months of 2019, to review and provide feedback on the draft guidance being issued by NZSTA to all 2,400 School Boards of Trustees, on the detailed policy which Boards should adopt to give effect to this legislation by 30 May 2019. SRS Boards will then notify staff about the policy via intranet and noticeboards in each school. In the interim, further information is available on the MBIE website.
      2. regarding the wording of joint guidance by NZSTA and PSA on the model policies and procedures for managing challenging behaviour by students and its impact on employees in the first five months of 2019, the Joint Initiative Group will be able to review, suggest revisions to, and endorse joint NZSTA/PSA guidance on the model policies and procedures required to meet the requirements of the new clause 8.18.2 for consideration/adoption by SRS Boards.
      3. regarding the future shape of the SRSCA remuneration scale during 2020, to meet three times prior to initiation of bargaining in October 2020, to discuss options for the structure of the pay scale in next collective agreement, in light of anticipated April 2021 Minimum wage and other initiatives focused on low paid workers; and any other issues by mutual agreement.
      4. regarding other matters of mutual concern at other times, subject to mutual agreement between the parties.

      3. Medical certificates requirement for sick leave

      The parties agree that the PSA’s claim in this regard, will be satisfied through NZSTA’s undertaking to write to all 2,400 school boards of trustees, including those of Special Residential Schools, during Term 1, 2019 giving guidance about good practice for requesting medical certificates, and the proper use of discretion by principals in relation to these matters.

      4. Agreed changes to wording of SRSCA clauses

      1. Coverage
        Clause 1.4.1 (current wording deleted and replaced by)
        'The parties agree that all new employees who are employed to perform work falling within the Coverage Clause shall be advised of this collective agreement, be given a copy of it and be offered the opportunity to be covered by this collective agreement by joining the PSA.'
      2. Annual leave standard employees
        Clause 5.5.7
        Deleted
      3. Annual Leave Rostered Employees
        New clause 5.6.2
        'Rostered employees are entitled to five week paid annual leave per annum, to be taken on days when the school is closed. After the five week entitlement is exhausted, Rostered employees will continue to be on paid time off for the remainder of the days that the school is closed, (unless they are on approved leave without pay, or planning, preparation or professional development).'
      4. Health and safety
        Amending clause 8.18.1 by adding highlighted text and adding a new clause 8.18.2, as follows:
        8.18.1 The employer, the union and all staff covered by this agreement are committed to the safety, health and welfare of staff in the workplace. The Employer will comply with the requirements of the Health and Safety at Work Act 2015, and any associated regulations, and related codes of practice.
        8.18.2 From 1 June 2019, the employer shall also ensure that policies and procedures covering the following matters are readily accessible on the school intranet and on staff noticeboards:
        (a) how staff are to manage challenging behaviour of students; and
        (b) how the impact of such challenging behaviour on staff, will be dealt with by the employer and employee.



      Signatories to Terms of Settlement

      Tim Day
      for and on behalf of the Secretary for Education
      acting under delegated authority from the State Services Commissioner

      Dolly Larkins
      for and on behalf of the New Zealand Public Service Association

      Catherine Bates
      Witnessed by the New Zealand School Trustees Association

       

      Terms of Reference - Special Residential Schools' Joint Initiative Group

      Ministry of Education, New Zealand School Trustees Association, New Zealand Public Services Association.

      Background

      During negotiations to settle the 2018-2020 Special Residential Schools’ Collective Agreement (SRSCA) a number of matters were not able to be addressed. These are:

      • regarding board policies on the new domestic violence legislative provisions coming into force on 1 April 2019;
      • regarding the wording of joint guidance by NZSTA and PSA on the model policies and procedures for managing challenging behaviour by students and its impact on employees;
      • regarding the future shape of the SRSCA remuneration scale.

      The parties have agreed that these matters will be addressed during the term of the agreement by a commitment to meet and hold discussions from time to time through a Joint Initiative Group.

      The parties to these Terms of Reference are the Ministry of Education (MOE), New Zealand School Trustees Association (NZSTA) and the New Zealand Public Services Association (PSA).

      Purpose of the Joint Initiative Group

      The primary purpose of the group is to:

      • complete work on certain policies and procedures which could not be completed prior to settlement of the SRSCA 2018-20 detailed in Clause 2 of the Terms of Settlement dated 12 December 2012
      • consider and recommend on the shape of the remuneration scale for the next collective agreement. The information and evaluation gained from this aspect of the work of the Joint Initiative Group would then inform future bargaining.

      Membership

      The Joint Initiative will comprise representatives from PSA, MOE and the Boards of the SRS, and NZSTA. Initial membership is Tim Day (MoE), Dolly Larkin (PSA), Dave Turnbull and Catherine Bates (SRS Boards). PSA will nominate one or more delegates.

      Meetings may be conducted by video conference or in person.

      Costs for travel of representatives and extension of membership to delegate representation (including any release time), will be the responsibility of the individual organisations.

      Accountabilities

      All members are accountable for contributing to meeting the aims and agreed process of the Joint Initiative and successful conduct of its work.

      Process

      Joint Initiative Group discussions will:
      a. Allow the parties to identify issues, and work towards desired outcomes by consensus;
      b. Commence with monthly meetings of up to two hours each during February-May 2019, on Domestic Violence and Challenging Behaviour policies and processes; and resume with three full day meetings during 2020, prior to the October 2020 initiation, on the shape of a future remuneration scale.
      c. Not continue beyond the first possible date of initiation in 2020 bargaining for the new SRSCA, or earlier by consensus.

      The Joint Initiative Group may reconvene to discuss other matters of mutual interest prior to 2020, but only by mutual agreement between the three parties.

      The agreed outcomes of the 2020 Joint Initiative Group discussions on the shape of the remuneration scale will inform the bargaining in 2020.

      Communications

      Any communications from the Joint Initiative will be agreed by the representatives to the Joint Initiative.

      Resourcing

      All parties will ensure that they will dedicate sufficient resource to these discussions and will complete any agreed work within agreed timeframes.

      The Ministry of Education, Employment Relations team will act as convenor of the Joint Initiative discussions.

      Signed in Wellington on the 28th of February 2019

      Tim Day
      Senior Employment Relations Adviser
      On behalf of the Secretary for Education

      Dolly Larkins
      PSA Organiser
      On behalf of the NZ Public Service Association

      Catherine Bates
      Industrial Relations Adviser
      On behalf of the NZ School Trustees Association

       

      Appendix B - Pay Scale

      GradeStepRates effective
      2 October 2017
      Rates effective
      28 January 2019
      Rates effective
      1 April 2020
      A 1 $32,959 $37,000 $39,600
      A 2 $34,014 $37,400 $40,000
      A 3 $35,102 $37,800 $40,400
      B 4 $36,225 $38,200 $40,800
      B 5 $37,385 $38,949 $41,200
      B 6 $38,581 $40,145 $41,600
      B 7 $39,815 $41,379 $42,200
      B 8 $41,090 $42,654 $43,500
      C 9 $42,404 $43,551 $44,420
      C 10 $43,761 $44,908 $45,800
      C 11 $45,162 $46,309 $47,230
      C 12 $46,607 $47,754 $48,700
      C 13 $48,098 $49,245 $50,230
      D 14 $49,637 $50,784 $51,800
      D 15 $51,226 $52,373 $53,420
      D 16 $52,865 $54,012 $55,090
      D 17 $54,557 $55,704 $56,810
      D 18 $56,303 $57,450 $58,590
      Specialist Specialist $70,000 $70,000 $70,000