Circular 2017/05 - Settlement of the Support Staff in Schools' Collective Agreement and the Kaiārahi i te Reo, Therapists', ATSSD and Special Education Assistants' Collective Agreement and new, related Individual Employment Agreements

This circular is about the details of the recent settlements of the Support Staff in Schools’ Collective Agreement and the Kaiārahi i te Reo, Therapists’, ATSSD and Special Education Assistants’ Collective Agreement and information on applicable Individual Employment Agreements.

Date 22 August 2017 | Circular 2017/05 | Category Employment Relations

This circular is about the details of the recent settlements of the Support Staff in Schools’ Collective Agreement and the Kaiārahi i te Reo, Therapists’, ATSSD and Special Education Assistants’ Collective Agreement and information on applicable Individual Employment Agreements.

This circular replaces this circular does not replace any other.

The action needed is to note the contents of this circular and complete the requirements concerning Individual Employment Agreements if applicable.

It is intended for Chairpersons of Boards of Trustees and Principals of all state and state-integrated schools.

For more information Contact your NZ School Trustees Association about human resource issues generally on 0800 782 435.  Email the Ministry of Education's Employment Relations Unit: employment.relations@education.govt.nz

Support Staff in Schools' Collective Agreement - Settlement

The Support Staff in Schools’ Collective Agreement 2017-2019 (SSSCA) was settled on 16 June 2017 and has now been ratified by the members of the New Zealand Educational Institute Te Riu Roa (NZEI Te Riu Roa) and E tū. It is effective from 16 June 2017 and is now the applicable agreement.

The term is for 25 months from the date of settlement (16 June 2017 to 15 July 2019). The agreed remuneration adjustments will take effect from 16 June 2017, and 16 June 2018 for support staff who were, on the date of settlement, a member of NZEI Te Riu Roa or E tū employed under the terms of the SSSCA.

This circular provides a summary of the changes and new provisions. The full collective agreement is available on the Ministry of Education’s website. Printed copies will be available from the New Zealand School Trustees Association (NZSTA).

The pay increases provided for in the SSSCA are not available to support staff on Individual Employment Agreements (IEAs) unless a new IEA is entered into between the Board and the employee, and in no case can such an increase be effective before 22 August 2017, or the date the IEA is signed, whichever is the later.

Key features of the settlement

Remuneration

Remuneration increases have been agreed, as follows:

With effect from 16 June 2017:

  • Increase the printed rates:

For Grade A by 1.6%
For Grade B by 1.4%
For Grade C by 1.2%
For Grade D by 1.1%

  • Increase the remuneration of those employees within the Range of Rates by 1.1%

With effect from 16 June 2018:

  • Increase the printed rates:

For Grade A by a further 1.2%
For Grade B by a further 1.2%
For Grade C by a further 1.0%
For Grade D by a further 1.0%

  • Increase the remuneration of those employees within the Range of Rates by a further 1.0%

You can view the new pay scale in the Support Staff in Schools' Collective Agreement here.

Other changes

Pay Equity

The parties and NZSTA will participate in a pay equity process covering the work of teacher aides. This process will follow the Government’s recently announced principles for addressing pay equity claims, together with further details agreed between the parties which will form the Terms of Reference for this process.

Refer Appendix C of the Terms of Settlement for the SSSCA.

Establishment of the Support Staff Joint Forum

The parties have agreed to establish a Joint Forum to operate during the term of the Support Staff in Schools and Kaiārahi i te Reo, Therapists’, ATSSD and Special Education Assistants’ Collective Agreements. The purpose of the Joint Forum is to enable the parties to continue to progress work on issues of mutual concern through a MoE/NZEI Te Riu Roa/NZSTA Joint Forum to be convened by NZSTA.

Refer Appendix D of the Terms of Settlement for the SSSCA.

Qualifications Allowance

With effect from the date the new collective is signed, the parties have agreed to increase the maximum value of each qualifications allowance for qualification on the New Zealand Qualifications Framework by $125, as follows:

(a)  Group One: from $500 to $625
(b)  Group Two: from $750 to $875
(c)  Group Three: from $1,000 to $1,125

Refer clause 3.10 of the SSSCA.

Annualisation

During the term of the agreement the parties and NZSTA will establish a working group to develop a career framework and review the remuneration structures, including the incentives for the recruitment and retention of principals in particular schools.

Refer clause 3.15 of the SSSCA.

Other matters

The following matters were also agreed:

  • During the term of the collective agreement the Ministry, NZSTA and NZEI Te Riu Roa will continue to work closely together on finalising entitlements and payouts for the staff covered by the provisions of the SSSCA 2011-13 clause 4.11/Appendix B
  • Technical changes.

Kaiārahi i te Reo, Therapists', ATSSD and Special Education Assistants' Collective Agreement 

The Kaiārahi i te Reo, Therapists’, ATSSD and Special Education Assistants’ Collective Agreement 2017-2019 (KRCA) was settled on 16 June 2017 and has since been ratified by members of the New Zealand Educational Institute Te Riu Roa (NZEI Te Riu Roa) and signed by the parties.

The term is for 25 months from the date of settlement (16 June 2017 to 15 July 2019). The agreed remuneration adjustments will take effect from 16 June 2017 and 16 June 2018 for employees who were, on the date of settlement, a member of NZEI Te Riu Roa employed under the terms of the KRCA.

This circular provides a summary of the changes and new provisions. The full collective agreement is available on the Ministry of Education’s website. Printed copies will be available from the New Zealand School Trustees Association (NZSTA).

The pay increases provided for in the KRCA are not available to employees on Individual Employment Agreements (IEAs) unless a new IEA is entered into between the Board and the employee. In no case can such an increase be effective before the date the Secretary for Education promulgated the new IEA (22 August 2017) or the date the IEA is signed, whichever is the later.

Key features of the settlement

Remuneration

Remuneration increases have been agreed, as follows:

With effect from 16 June 2017:

  • Increase the printed rates by 1.3%

With effect from 16 June 2018:

  • Increase the printed rates by a further 1.0%

The actual salary scales are set out in the Kaiārahi i te Reo, Therapists’, ATSSD and Special Education Assistants’ Collective Agreement.

Other changes

Establishment of the Support Staff Joint Forum

The parties have agreed to establish a Joint Forum to operate during the term of the Support Staff in Schools and Kaiārahi i te Reo, Therapists’, ATSSD and Special Education Assistants’ Collective Agreements. The purpose of the Joint Forum is to enable the parties to continue to progress work on issues of mutual concern through a MoE/NZEI Te Riu Roa/NZSTA Joint Forum to be convened by NZSTA.

Qualifications Allowance

With effect from the date the new collective is signed, the parties have agreed to increase the maximum value of each qualifications allowance for qualification on the New Zealand Qualifications Framework by $125, as follows:

(a)  Group One: from $500 to $625
(b)  Group Two: from $750 to $875
(c)  Group Three: from $1,000 to $1,125.

Other matters

The following matters were also agreed:

  • Technical changes.

Individual Employment Agreements for Support Staff

An Individual Employment Agreement (IEA) based on the terms and conditions of the renegotiated SSSCA has now been promulgated and is available on the Ministry’s website [PDF, 21 KB].

Support staff who are not members of NZEI Te Riu Roa or E tū but whose work could be covered by the SSSCA coverage clause may be offered the newly promulgated IEA to access the applicable terms and conditions of the renegotiated SSSCA.

IEAs are only effective from the date of signing and cannot be effective before the date they were promulgated by the Secretary for Education (i.e. 22 August 2017).

The previous requirement that an employer had to offer a new employee, who is not a member of a union party to a collective agreement that would cover the employee’s work if he or she was a union member, the terms and conditions of that agreement for the first 30 days of employment no longer applies. However, employers are still required to inform new employees that a collective agreement exists and provide them with a copy of the agreement, as well as information regarding how to contact and join the relevant union.

If you are intending to offer existing employees who are not union members the promulgated IEA then you must draw their attention to the details of the applicable terms and conditions of the new SSSCA.

Please note that if the Board and the employee do not sign the new IEA then the new provisions will not apply. Existing employees on old IEAs will be entitled to the new provisions from the date that they sign the new IEA. In no case can pay increases be effective before the date the Secretary for Education promulgated the IEA (i.e. 22 August 2017), or the date the IEA is signed, whichever is the later.

In the event a Board has concerns and/or questions regarding its employment arrangements with individual employees, the Board should contact its NZSTA adviser or its own employment adviser.

Individual Employment Agreements for Kaiārahi i te Reo, Therapists, ATSSD and Special Education Assistants

An Individual Employment Agreement (IEA) based on the terms and conditions of the renegotiated KRCA has now been promulgated and is available on the Ministry’s website [PDF, 15 KB].

Employees who are not members of NZEI Te Riu Roa but whose work could be covered by the KRCA coverage clause may be offered the newly promulgated IEA to access the applicable terms and conditions of the renegotiated KRCA.

IEAs are only effective from the date of signing and cannot be effective before the date they were promulgated by the Secretary for Education (i.e. 22 August 2017).

The previous requirement that an employer had to offer a new employee, who is not a member of a union party to a collective agreement that would cover the employee’s work if he or she was a union member, the terms and conditions of that agreement for the first 30 days of employment no longer applies. However, employers are still required to inform new employees that a collective agreement exists and provide them with a copy of the agreement, as well as information regarding how to contact and join the relevant union.

If you are intending to offer existing employees who are not union members the promulgated IEA then you must draw their attention to the details of the applicable terms and conditions of the new KRCA.

Please note that if the Board and the employee do not sign the new IEA then the new provisions will not apply. Existing employees on old IEAs will be entitled to the new provisions from the date that they sign the new IEA. In no case can pay increases be effective before the date the Secretary for Education promulgated the IEA (i.e. 22 August 2017), or the date the IEA is signed, whichever is the later.

In the event a Board has concerns and/or questions regarding its employment arrangements with individual employees, the Board should contact its NZSTA adviser or its own employment adviser. 

Issued by

Nick Kyrke-Smith, Senior Manager Employment Relations, Education Workforce, Early Learning and Student Achievement
Ministry of Education, National Office, Matauranga House, 33 Bowen Street, Wellington 6011
PO Box 1666, Wellington 6140, New Zealand, Phone 04-463 8000, Fax 04-463 8001, Email employment.relations@education.govt.nz

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