Circular 2020/04 - Variation to the Support Staff in Schools' Collective Agreement - Settlement of the Teacher Aide Pay Equity Claim
Date 30 June 2020 | Circular 2020/04 | Category Employment Relations
This circular is about the recent variation to the Support Staff in Schools' Collective Agreement which implements the settlement of the Teacher Aide Pay Equity Claim. It also provides information about the applicable Individual Employment Agreement (IEA).
This circular does not replace any other.
The action needed is to note the contents of the 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 the New Zealand School Trustees Association about human resource issues generally on 0800 782 435. Email the Ministry of Education's Employment Relations Unit: email@example.com. All collective agreements for school staff can be found on the Ministry's website: www.education.govt.nz/collective-agreements/
Following an extensive collaborative process, the NZEI Te Riu Roa and the Ministry of Education concluded that the remuneration of teacher aides was affected by sex-based undervaluation. To rectify this, the NZEI Te Riu Roa, the Ministry and representatives of both employers and employees entered into the Teacher Aide Pay Equity Settlement Agreement (“Settlement Agreement”).
The Support Staff in Schools’ Collective Agreement (“Collective Agreement”) has been varied to incorporate the changes introduced by the Settlement Agreement.
This circular provides a summary of the changes and new provisions agreed. The full collective agreement can be downloaded from the Ministry of Education’s website, and printed copies will be available from the New Zealand School Trustees Association (NZSTA).
Key information for schools
The varied Support Staff in Schools’ Collective Agreement 2019-2022 is available here:
The conditions of employment that have been varied by the settlement automatically apply to teacher aide employees who are union members.
Employees who are not union members but whose work falls within the coverage clause of the collective agreement will have to be offered and accept the new IEA to access the applicable terms and conditions of the varied collective agreement and the pay equity settlement.
The IEA is only valid if both the employer and the employee sign it and schools will need to advise Novopay.
The new IEA is available on the Ministry’s website. It is expected that all non-union member staff will have had the opportunity to accept a new IEA with the new rates of pay by the end of Term 3. If schools do not offer staff the new pay equity rates, the additional pay equity funding provided specifically for this purpose will be recovered.
Teacher aides who are union members or have signed the new IEA will receive the new pay equity rates in November 2020, backdated to 12 February 2020.
Employers are 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. New employees who are not members of the union must be employed on an IEA based on the applicable collective agreement for the first 30 days of employment, after which they can choose to remain on the IEA or join the applicable union and become bound by the collective agreement.
In the event a Board has concerns and/or questions regarding its employment arrangements with individual employees, the Board should contact NZSTA’s Advisory and Support Centre at 0800 782 or firstname.lastname@example.org or its own employment adviser.
Further information, including answers to initial questions that schools may have about the settlement is available online here.
Key features of the variation to the Support Staff in Schools’ Collective Agreement
Schools should refer to the varied collective agreement for the full details of all conditions which have changed.
Teacher Aide Work Matrix (refer clause 3A.3.3)
The Work Matrix Table sets out the most common skills, responsibilities and demands that apply to teacher aides working within Grade A, Grade B, Grade C or Grade D. The Work Matrix Table will apply from 12 February 2020.
|Te Ao Māori
|Follows structured programmes, lesson plans and activities
|Supports learner's well-being, health and safety
|Core skills will include: listening, patience, empathy, encouraging and resilience.
|Te Ao Māori
|Follows structured programmes but can make minor adaption and creates activities
|Directly supports students with specific health, behavioural and/or other needs
Supporting, guiding reo and tikanga
|Additional skills at this level may include: active listening, calmness, tact.
|Te Ao Māori
Independently delivers ongoing programmes with ability to adapt as required
Supports students with complex health, behavioural and/or other needs
Speaks and role models te reo
|Additional skills may include: ongoing mentoring, emotional engagement, de-escalating difficult situations, negotiation and/or persuasion.
|Te Ao Māori
Creates, plans and delivers ongoing programmes requiring strong technical proficiency and skills
Provides highly specialised support for students with complex health, behavioural and/or other needs
A strong leader and advocate for te reo Māori in the kura and community
|Additional skills at this level may include: de-escalating extreme emotionally charged situations, complex planning, leadership.
Remuneration (refer clause 3A.4.3)
The table below outlines the changes to the printed rates for Teacher Aides employed under the work matrix above.
The new pay rates will apply from 12 February 2020.
A series of fact sheets have been developed to further explain the pay scale and translation process(external link).
Tiaki Allowance (refer clause 5.4)
As part of the pay equity settlement, there will now be two types of tiaki allowance paid to teacher aides employed under the work matrix – frequent and occasional. Both are funded on an ongoing basis as a result of this settlement. No employee can receive more than one type of allowance.
For frequent/ongoing responsibilities:
Where the employee is required to provide personal care by cleaning up a student soiled with vomit, or excreta, urine or blood (other than blood associated with minor cuts and abrasions and minor nose bleeds) as part of their ongoing responsibilities that occurs at least once per day or five times in any week, the employee shall be paid an hourly allowance at the rate of 10% of step 5 of Grade B-C (currently $2.59) The hourly allowance in shall be paid for all hours worked, regardless of whether cleaning of bodily fluids is actually required.
For occasional instances:
Where the employee is required to provide personal care by cleaning up a student soiled with vomit, or excreta, urine or blood (other than blood associated with minor cuts and abrasions and minor nose bleeds) in the course of their duties on an occasional or one-off basis, the employee shall be paid an allowance of $4.81 per incident to a maximum payable of once per day.
Variation of Hours (refer clause 2.5.1A)
The employer’s ability to vary teacher aides’ hours of work and/or weeks worked per year is now restricted to a maximum variation of 25% of the hours/weeks the employee is currently employed to work in any 12 month period. For any variation in excess of 25%, the surplus staffing provisions will apply. The employer and employee may agree to vary over and above the 25% maximum without incurring the surplus staffing provisions.
Professional Learning and Development Fund for Teacher Aides
The Support Staff in Schools’ Collective Agreement settlement established a teacher aide learning and development fund.
The Professional Learning and Development Fund for Teacher Aides will be enhanced, increasing the fund from $0.790 million to $2.29 million over 18 months with an effective implementation date of 1 July 2020.
Further information regarding this fund is available on the Teacher PLD Fund webpage(external link).
The parties have identified workforce matters set out in Schedule 7 of the Settlement Agreement(external link) that the parties have agreed to progress under the Accord process. These include reviewing how the schools are funded for teacher aides and career pathways and qualifications.
Additionally, NZEI Te Riu Roa and NZSTA will work to gather information on fixed term employment use with a view to develop and deliver resources and teacher aide specific advice for employers regarding the use of fixed term agreements.
Mark Williamson, Senior Manager Employment Relations and Pay Equity, Education Workforce, Early Learning and Student Achievement
Ministry of Education, National Office, Mātauranga House, 33 Bowen Street, Wellington 6011
PO Box 1666, Wellington 6140, New Zealand, Phone 04-463 8000, Email email@example.com
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