Area School Principals' Collective Agreement

1.1.1 This agreement shall be called the Area School Principals’ Collective Agreement and referred to hereafter as the “agreement”.

1.2.1 The parties to this agreement shall be:

1. The Secretary for Education acting under delegation from the State Services Commissioner made pursuant to section 23 and acting in accordance with section 74(5) of the State Sector Act 1988(external link); and
2. The New Zealand Post Primary Teachers’ Association and The New Zealand Educational Institute Te Riu Roa (referred to hereafter as “the Association” and the “Institute” respectively).

1.3.1 This agreement covers Principals employed in Area Schools.

1.3.2 This agreement shall be binding on:

1. All employees who come within the coverage clause and who are at the commencement of the agreement or who become during the term of the agreement, members of the Institute or the Association.
2. Pursuant to section 74(6) of the State Sector Act 1988(external link), the employers of those employees.

1.4.1 New employees whose work falls within the coverage clause of this agreement shall, in accordance with the Employment Relations Act 2000(external link), be advised of the existence of this collective agreement and be offered the opportunity to join the Association or the Institute and thereby become bound by this agreement.

1.4.2 Employees who join the Institute or the Association during the currency of this agreement shall become bound by this agreement from the date on which they joined.

1.4.3 The parties agree that this agreement shall become binding on any new Board of Trustees which employs a Principal to whom clause 1.3.1 applies.

1.5.1 This agreement shall come into force on 6 September 2019 and shall expire on 5 September 2020, except as provided for by s.53 of the Employment Relations Act 2000(external link).

1.6.1 The parties agree that the terms and conditions of this agreement may be varied at any time by written agreement between the Secretary for Education, under delegation from the State Services Commissioner made pursuant to section 23 of the State Sector Act 1988(external link), and the Association and the Institute.

1.7.1 This agreement shall apply only to Principals who are certificated teachers.

1.8.1 The following definitions apply unless the agreement otherwise specifies:

1. “Advertised” means advertised nationally.
2. “Association”, means the Post Primary Teachers’ Association and “Institute” means the New Zealand Educational Institute. “Unions” means both the Association and the Institute.
3. “Employer” shall mean a Board of Trustees or where a Commissioner has been appointed under Part 9 of the Education Act 1989 to act in place of the Board of Trustees, the Commissioner. (Note: In relation to a dispute about the interpretation, application or operation of this agreement, the employer shall act, if the State Services Commissioner and/or the Secretary for Education acting under delegation so requires, together or in consultation with the State Services Commissioner and/or the Secretary for Education.)
4. “Employee” means a Principal who is, or becomes or is seeking to become bound by this agreement under clauses 1.3 or 1.4.
5. “Principal” shall mean an area school teacher who has been fully certificated or provisionally certificated or certificated subject to confirmation by the Teaching Council of Aotearoa New Zealand (Teaching Council) and who has been appointed to the position of Principal of an area school.

1.9.1 Pursuant to section 75 of the State Sector Act 1988(external link), the terms and conditions contained in this agreement are declared actual terms and conditions, provided that concurrence may be given from time to time by the Secretary for Education under authority delegated from the State Services Commissioner, to additional terms and conditions, where such terms and conditions are not inconsistent with the terms and conditions contained in this agreement, and/or to the salary rates or allowances being treated as minimum rates where there is agreement to this between the employer and any of its employees.

Note: Where an individual employee had such a concurrence issued by the State Services Commissioner or the Secretary for Education on the coming into force of this agreement, that concurrence is rescinded and the employee’s Board will need to reapply to the Secretary for Education. Further information on concurrences can be found on the Ministry of Education website.