Circular 2023/03 - Settlement of the Community Education Collective Agreement (formerly the Adult and Community Education (ACE) Staff in Schools' Collective Agreement)

Date 5 May 2023 | Circular 2023/03 | Category Employment Relations

This circular is about the settlement of the Community Education Collective Agreement 2022-2025 (CECA 2022-2025) - previously named the Adult and Community Education (ACE) Staff in Schools' Collective Agreement (ACECA 2019-2022), and information on the applicable promulgated 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, who employ staff in the provision of an Adult and Community Education (ACE) programme or Ministry of Education | Te Tāhuhu o te Mātauranga funded ('Ministry funded') Out of Hours Music and Arts programme for children in years 1-8 (OOHMA).

For more information:

The actions needed are:

  • Note the details of the settlement, including the new pay rates for people employed in roles covered by the collective agreement.
  • Note the coverage of the new agreement now extends to Out of Hours Music and Arts (OOHMA) staff employed in a Ministry funded Out of Hours Music and Arts programme for children in years 1-8, meaning OOHMA staff will be bound to the terms and conditions of the new collective agreement for the first time, including rates of pay.
  • Note music teachers who are not part of a Ministry funded OOHMA programme are not covered by this settlement.
  • Offer the new individual employment agreement (IEA) to existing employees who are not PPTA members but who are working in roles covered by this new agreement. This includes all staff employed for the operation of ACE and OOHMA programmes as: Tutors, Coordinator Assistants, Coordinators (teaching and non-teaching) and Professional Supervisors.
  • Ensure you offer the new IEA to future CECA employees, should they choose not to be PPTA members and thus are not covered by the collective agreement.
  • Update the offer of employment template letter that you are using for new employees to ensure this aligns with the new terms and conditions of the recently settled collective agreement (available from NZSTA).
  • Update your approach to the cancellation of ACE classes. You must now provide the tutor with at least 24 hours' notice of a class being cancelled if no payment is to be made.
  • Review and understand the revised sick and bereavement leave entitlements.

Introduction

On 6 April 2023, the collective agreement covering Adult and Community Education staff was settled. As part of this settlement, a new name for the collective agreement was agreed – Community Education Collective Agreement (CECA) – and coverage was extended to include staff employed in the provision of Ministry funded Out of Hours Music and Arts (OOHMA) programmes to ākonga in years 1-8.

On 5 May 2023, the agreement was ratified by members of the Post Primary Teachers’ Association Te Wehengarua (PPTA).

The term of the agreement is 1 December 2022 to 27 February 2025.

This circular provides a summary of the changes and new provisions agreed as part of the settlement. The full collective agreements can be downloaded from the Ministry of Education’s website: www.education.govt.nz/collective-agreements/.  

Key features of the settlement

Coverage 

Coverage of this collective agreement has been extended to staff members employed for the provision of Ministry funded Out of Hours Music and Arts (OOHMA) programmes to years 1 – 8 ākonga at some schools around Aotearoa New Zealand. Existing OOHMA roles will align to ACE/Community Education role titles as indicated in the table below: 

OOHMA Role ACE/OOHMA Community Education Role
Liaison Assistant Coordinator Assistant
Coordinator Non-Teaching Coordinator Grade 1
Tutor Step 1 Tutor Step 1
Tutor Step 2 Tutor Step 2
Coordinator Assistant Professional Supervisor

Role definitions are included at the end of this circular

Remuneration

New pay rates

New pay rates have been agreed for tutors, non-teaching coordinators, coordinator assistants and professional supervisors. 

The following table presents new minimum rates (per hour, unless otherwise stated) for current ACE employees:

Role Current rates
as at
28 January 2021
1 December 2022 % increase 1 December 2023 Total % increase
over term of the
Collective Agreement

Coordinator Assistants

$25.94 $27.86 7.4% $28.82 11.1%
Non-Teaching Coordinator Grade 1 $28.41 $30.33 6.8% $31.29 10.1%
Non-Teaching Coordinator Grade 2 $33.29 $35.21 5.8% $36.27 9.0%
Non-Teaching Coordinator Grade 3 $79,452pa $83,452pa 5.0% $85,956pa 8.2%
Tutor - Step 1 $32.56 $34.48 5.8% $35.52 9.1%
Tutor - Step 2 $43.24 $45.16 4.4% $46.52 7.6%
Professional Supervisor $48.89 $50.81 3.9% $52.34 7.1%

The following table presents the new minimum rates (per hour) for current OOHMA employees:

Role Current rates
as at
28 January 2021
1 December 2022 % increase 1 December 2023 Total % increase
over term of the
Collective Agreement
Liaison Assistants
(now Coordinator Assistants)
$21.22 $27.86 31.3% $28.82 $35.8%
Coordinators
(now Non-Teaching Coordinators
Grade 1)
$22.72 $30.33 33.5% $31.29 37.7%
Tutor - Step 1 $26.63 $34.48 29.5% $35.52 33.4%
Tutor - Step 2 $35.38 $45.16 27.6% $46.52 31.5%
Assistant Coordinators
(now Professional Supervisors)
$40.00 $50.81 27.0% $52.34 30.9%

ACE rates will increase between 7% and 11% over the term of the collective agreement.

OOHMA pay rates will align to the corresponding ACE rates. This means OOHMA employees will receive pay increases of between 31% and 38% over the term of the collective agreement.

These rates will be effective from 1 December 2022 for employees who are PPTA members and for those who sign the updated IEA on, or before, 9 June 2023. If the IEA is signed after 9 June 2023, the rate will be effective from the date the IEA is signed.

Schools need to advise Education Payroll Limited (EPL) that their employee has signed a new IEA by completing an EP22 form. EPL will implement these rate changes no later than 12 July 2023 and will automatically translate OOHMAs to the new rates, provided they are union members covered by the collective agreement or have signed a new IEA.

Lump sums

  • Members of the PPTA on 5 May 2023 will receive a lump sum payment of $750 gross (pro-rated for part-time and casual) with a minimum payment of $75.
  • All OOHMA/ACE employees will receive a further lump sum payment of $500 gross on 1 December 2023 (pro-rated for part-time and casual) with a minimum payment of $50. 

Funding

ACE

Funding to cover the increased cost to schools as a result of the agreed pay rate increases will be provided as part of your regular operations grant instalments starting from 1 July 2023.

OOHMA

OOHMA staff in Ministry funded OOHMA programmes will continue to be funded and paid centrally by the Ministry of Education as they previously have been. Schools who have chosen to employ OOHMAs from their operations grant over and above the Ministry funded programme hours will receive funding to cover the increased pay rates for the term of the collective agreement as part of their regular operations grant instalments starting from 1 July 2023. 

Sick leave and public holidays

The sick and bereavement clauses have been revised to ensure entitlement is clear for employees and employers. Sick leave entitlement has increased from five to ten days per year, and Matariki has been added to the list of public holidays. Additionally, fixed-term employees whose break in employment with the same employer is less than three months will have their service considered continuous for the purposes of sick leave. 

Hours of work 

The new hours of work clause (Clause 3.5: Hours of Work) states that employees will be paid for all hours of work that are required to perform their role. For tutors, in addition to instruction, their work may include preparation for classes, administration, reporting and additional student activities such as examination preparation. For specific advice on this clause, employers should contact the New Zealand School Trustees Association (NZSTA).

The hours of work required for a role must be agreed in writing between the employee and the employer.

Class cancellations

The cancellation of ACE classes now requires at least 24-hours' notice for tutors, if no payment is to be made. The OOHMA cancellation clause clarifies that OOHMA tutors are paid for classes as usual, even if they are cancelled, and the class is rescheduled for a later time. 

Individual Employment Agreements (IEAs)

Two new individual employment agreements have been promulgated by the Secretary for Education on 5 May 2023 following the signing of the collective agreement.

Community Education (Teaching Coordinators) Individual Employment Agreement [PDF, 74 KB]

Community Education (excluding Teaching Coordinators) Individual Employment Agreement [PDF, 104 KB]

Existing employees who are employed on IEAs will receive the new pay rates from 1 December 2022, provided they sign a new IEA on or before 9 June 2023. If signed after 9 June 2023, the rates will be effective from the date they sign the new IEA.

Please ensure you are using the most up-to-date letter of offer of employment for new employees, available on NZSTA’s website:

Fixed-Term Letters of Offer(external link)

Issued by

Tim Tucker, Kaiwhakahaere - Te Ranga Tikanga Kaimahi | Manager - Employment Relations, 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

Role definitions (from Part Two of CECA)

A Coordinator is a person employed to coordinate a programme of community education courses or out of hours music and art run by a school board or boards of a state or state integrated school or schools.

A Teaching Coordinator is a coordinator, who either:

  • is employed concurrently as a teacher within the same school under the terms of the applicable teachers’ collective agreement, or
  • was previously employed as a teaching coordinator within that school and continues as a coordinator even though they no longer teach classes within the school

A Non-teaching Coordinator is a coordinator who is not a teaching coordinator and is graded as follows:

  • Grade One: administers and coordinates the community education/OOHMA programme on a day-to-day basis.
  • Grade Two: in addition to the Grade One duties, has a strategic focus including significant community liaison and marketing and may include professional leadership.
  • Grade Three: in addition to the Grade Two duties and responsibilities, involves:
    • professional leadership in the development of ACE or OOHMA networks; and
    • identifying and meeting wider community needs; and
    • responsibility for the professional development of tutors and others within the ACE or OOHMA sector.

A Professional Supervisor assists the coordinator and their duties include the assessment of, coaching of, and providing guidance to tutors.

A Coordinator Assistant assists the coordinator and their duties do not include the assessment of, coaching of, and providing guidance to tutors.

A Tutor instructs a class or a course which is part of an ACE or OOHMA programme.

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