Circular 2022/10 - Settlement of the School Caretakers', Cleaners' and Canteen Staff Collective Agreement 2022-2024 and new Individual Employment Agreement

Date 14 November 2022 | Circular 2022/10 | Category Employment Relations

This circular is about the settlement of the School Caretakers', Cleaners' and Canteen Staff Collective Agreement 2022-2024 (SCCCA 2022-24) and information on applicable Individual Employment Agreements.

This circular does not replace any other.

It is intended for Presiding members of School Boards and Principals of all state and state-integrated primary, area and secondary schools.

For more information contact the New Zealand School Trustees Association (NZSTA) about human resource issues generally on 0800 782 435. You can also email the Ministry of Education's Employment Relations Unit: employment.relations@education.govt.nz if you have questions about the settlements or the new collective agreement. All collective agreements for school staff can be found on the Ministry's website: www.education.govt.nz/collective-agreements/

The action needed is to:

• Note the details of this settlement, including the new rates of pay that are provided for employees working in positions covered by the new collective agreement.
• Offer the new individual employment agreement (IEA) to existing employees who are not E tū members but are working in roles covered by the new agreement. This includes cleaners, caretakers and canteen staff.
• Where new employees opt for an individual employment agreement (IEA), ensure they are offered the updated IEA. Ensure you are using the latest letter of offer of employment template for new employees, available from NZSTA.
• Develop a new policy and practices to provide disregarded sick leave for employees who are now eligible to receive DSL when they are ill with COVID-19 (or another notifiable disease) and need to isolate.

Introduction

On 1 November 2022, the collective agreement covering school caretakers, cleaners and canteen staff was settled.

School Caretakers', Cleaners' and Canteen Staff Collective Agreement 2022-2024

On 13 November 2022 the agreement was ratified by members of E tū.  The term of the agreement is 24 months from the date of signing the new collective agreement - 14 November 2022 to 13 November 2024.

This circular provides a summary of the changes and new provisions agreed in this settlement. The full collective agreement can be downloaded from the Ministry of Education’s website: www.education.govt.nz/collective-agreements and printed copies will be available from NZSTA.

Key features of the settlement

Remuneration

New pay rates, providing a flat rate increase of $4000 per annum, have been agreed for assistant caretakers, cleaners and canteen staff, supervisor cleaners and canteen staff, caretakers and supervisor caretakers effective 14 November 2022.

From 14 November 2023 pay rates will increase by a further $2000 per annum.

These are outlined in the table below.

These rates will be effective for employees who are E tū members from 14 November 2022 and to employees on the individual employment agreement from the date they accept the new conditions of employment. Education payroll will pay these rates no later than 30 April 2023.

The increases will be applied to the printed minimum rates automatically.

If employers are currently paying a salary loading above the new rates the SALO amount will be reduced by the employee's new higher rate and their effective hourly pay rate will not change. The employer can action an increase to the salary loading through EdPay should they wish to continue applying a differential above the minimum rates.

Ongoing funding will be provided to schools and kura to cover the increased costs of this settlement. This funding will be paid as part of your operational grant instalments, with the first instalment scheduled for April 2023.

Additionally, during the term of the agreement, the Ministry of Education and E tū will engage to consider approaches for future caretaker role descriptions and pay structures following the increases provided for in this settlement.

Hours of work, overtime and call backs

The clauses concerning overtime, call back and hours of work have been amended to state that call backs and overtime are to be worked only where mutually agreed by the employer and caretaker. This states that caretakers are not required to be available for work outside of their standard hours of work.

Supervisor caretaker scale change

The supervisor caretaker scale will change from a two step scale with a range of rates in between, to a three-step scale through which supervisor caretakers will progress annually – see the table above.

Under Clause 4.2 of the collective agreement, supervisor caretakers who have worked for at least 12 months are eligible for annual incremental pay scale progression on 1 April each year.

Additionally, caretakers who have a level 3 or 4 ITO/NZQF qualification or other qualification deemed relevant by the employer will be placed on step 2.

Disregarded Sick Leave (DSL)

Disregarded sick leave (DSL) will be available to school caretakers, cleaners and canteen staff who contract a notifiable infectious disease listed in Part 1 of Schedule 1 of the Health Act 1956, and need to be excluded from school for a period determined by a Medical Officer of Health or is prevented from attending work by a relevant Public Health Order.

Staff covered by this agreement can apply to their employer for DSL if they are required to be absent because they have contracted a notifiable disease (such as COVID-19) and are required to isolate [list of of notifiable diseases(external link)]. It will not apply if they are absent to care for others or if they are required to isolate but have not themselves contracted a notifiable disease.

For employees who are E tū members, and therefore covered by this agreement, this provision came into effect on 14 November 2022. DSL does not apply to sick leave taken prior to 14 November 2022.

Staff employed on an IEA will be able to apply for DSL if they have signed the promulgated IEA which incorporates the provisions of this settlement (see the ‘Individual Employment Agreements’ section below for more detail). These employees are entitled to this provision from the date their updated IEA is signed by them and their employer. The provision does not apply to sick leave taken prior to the date on which their IEA is signed.

Unlike the DSL process for teachers and principals, schools and kura will be responsible for approving DSL applications and will need to consider them under their own policies and procedures, in the same way that they have for support staff, who also received access to DSL in the settlement of their collective earlier this year.

Individual Employment Agreement (IEA)

An Individual Employment Agreement (IEAs) which provide the terms and conditions of the collective agreement, with all the necessary modifications applicable to an individual employment agreement, has been promulgated by the Secretary for Education on 14 November 2022, following the signing of the collective agreement.

IEA for caretakers', cleaners' and canteen staff [PDF, 117 KB]

Existing employees on IEAs will receive the new pay rates effective from the date they sign the new IEA, on or after 14 November 2022.

Issued by

Mark Williamson, Senior Manager Employment Relations and Pay Equity, Te Puna Ohumahi Mātauranga | Education Workforce
Ministry of Education, 1 The Terrace, Wellington 6011
PO Box 1666, Wellington 6140, New Zealand, Phone 04-463 8000, Email employment.relations@education.govt.nz

Last reviewed: 13 February 2023 Has this been useful? Give us your feedback