Community Education Collective Agreement
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Part Seven: Restructuring etc
Community Education Collective Agreement
Effective: 1 December 2022 to 28 February 2025
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7.1 Technical Redundancy
If a technical redundancy situation arises during the term of this agreement, where the work of an employee is contracted out or the operation or part of the operation of the employer is transferred or sold, the parties will meet to discuss how to deal with the situation and endeavour to reach a mutually agreeable solution that does not disadvantage those employees affected Depending on the circumstances 7.2 and/or 7.3 below may be applicable.
7.2 Employment Protection Provisions
7.2.1 Where work undertaken by an employee covered by this Agreement will be, or is likely to be undertaken by a new employer, the employer will:
- provide the new employer with details of the work currently performed by the employees concerned together with details of the terms and conditions of their employment; and
- seek a proposal for the employment of the affected employees by the new employer, including the terms and conditions upon which those employees would be offered employment by the new employer; and
- arrange to meet with the new employer for the purpose of negotiating on the proposal; and
- notify a representative of the PPTA where any member may be affected.
7.2.2 The following shall be matters for negotiation with the new employer in relation to employees affected by the restructuring:
- the number and type of positions that will be offered by the new employer to employees affected by the restructuring;
- the terms and conditions of employment to be offered to those employees (including whether the employees will transfer to the new employer on the same terms and conditions of employment); and
- the arrangements, if required, for the transfer of any accrued benefits and entitlements in relation to those employees.
7.2.3 At the time of the restructuring the employer and any affected employees will meet to negotiate on what entitlements if any will be available to those employees who are not employed by the new employer. Notice requirements in relation to specific coordinators are set out in 7.3 and 7.4. While recognising some difficulties may exist these periods of notice should be taken into account in relation to other employees under this agreement.
7.3 Surplus Staffing Non-Teaching Coordinators
7.3.1 The following provisions shall apply to permanent non-teaching coordinators and shall not apply to any fixed term employee. They include a permanent Teaching Coordinator who is not concurrently employed as a teacher within the same school.
7.3.2 A surplus staffing situation may arise when the work undertaken by the employee ceases to exist. This may be the result of the restructuring of the whole or any part of the employer’s operations because of, for example:
- the reorganisation or review of work; or
- change of status or closure of the school, or the sale or transfer of all or part of the school.
7.3.3 The employer shall, at least one month prior to issuing notice of termination, advise the affected employee(s) of the possibility of a surplus staffing situation. During this period the employer shall consider whether or not it is able to offer an alternative position within the school with terms and conditions that are no less favourable, which may also entail on the job retraining. Where relevant the provisions of 7.2 above will also apply.
7.3.4 An employee identified as surplus in terms of 7.3.3 above shall be given a minimum of one month’s written notice of termination of employment. Except in exceptional circumstances (e.g., long-term sick leave), or as agreed with the employee, this notice shall be given at such a time as to ensure it covers a period of a full month during which the employee is paid and at work.
7.3.5 During the notice of termination period both the employer and the employee shall make reasonable efforts to locate alternative employment for the employee. The employer will provide reasonable paid time to attend interviews, where prior approval will not be unreasonably withheld.
7.3.6 In the event that a reasonable offer of employment in the education or state service is made the employer’s responsibilities under these provisions shall be fulfilled. As reasonable offer of employment shall constitute an offer of employment that:
- is in the same location or within reasonable commuting distance;
- has comparable duties and responsibilities; and
- has terms and conditions that are no less favourable
providing the employment being offered is available to be taken up by the employee prior to or at the conclusion of the notice of termination period.
7.3.7 If the offer of employment referred to in 7.3.6 is not a reasonable offer by reason only that it is not available to be taken up by the employee before or at the conclusion of the notice period, the employer may extend the notice period until such time as the position is available to be taken up by the employee; and under these circumstances the offer shall be deemed to be reasonable.
7.3.8 The employee may be made an offer of employment prior to the disestablishment of the current position either within the education or state service. This offer may be to a lower graded position to that previously held or to a position with reduced hours and will include an allowance which provides some recognition of the reduced income arising from the new position. For the avoidance of doubt, any such allowance forms part of the employee's ordinary weekly pay for Holidays Act purposes. Where the employee accepts such an offer the employer’s responsibilities under 7.3.9 below shall be fulfilled. Where the employee does not accept such an offer the provisions of 7.3.9 shall apply.
7.3.9 Except as provided under 7.3.8 above, where a reasonable offer of employment is not made before the expiry of the notice of termination period the employee will be entitled to redundancy pay calculated as follows:
- 6 weeks pay for the first year of service and two weeks pay for every year or part year thereafter to a maximum of 30 weeks pay in total.
- This is calculated on average gross weekly earnings as a non-teaching coordinator over the previous 12 months service.
- A worker with less than one year’s service shall receive a pro-rata payment. For the purposes of the redundancy calculation the definition of service is the service as a coordinator with the current employer provided that no period of service that ended with the employee receiving a redundancy or severance payment shall be counted as service.
- All holiday pay and wages owing.
7.3.10 A work reference or record of service shall be provided on the employee’s request.
7.4 Surplus Staffing: Teaching Coordinators
7.4.1 The employer and teaching coordinator may agree at any time to the teaching coordinator replacing their ACE time allowance with equivalent teaching time within the school.
7.4.2 The following provisions shall apply where the employer either withdraws from ACE or otherwise alters its involvement, so that the ACE time allowance allocated to a permanent teaching coordinator is placed at risk.
7.4.3 Where the employer is seriously considering a course of action which places the teaching coordinator’s ACE/OOHMA role at risk a meeting shall be held, including the coordinator and/or their representative, with a view to reaching an agreed resolution prior to any final board decision. This shall be held at least two months prior to any decision in ACE/OOHMA provision at the school and within a timeframe that ensures that the return to teaching is a viable option.
7.4.4 Where the ACE/OOHMA coordination role is to be disestablished, the employee shall receive at least two month’s notice. As a first option the employer shall enable a return to full-time permanent teaching for the teaching coordinator by the use of attrition or other non-permanently allocated teaching hours wherever possible. A teaching coordinator may require additional professional development in moving to a full-time teaching role.
7.4.5 Where before or during the notice period the employer offers the coordinator equivalent teaching time to any coordination time lost, this shall constitute a reasonable offer of employment and the coordinator shall have no entitlement to surplus staffing provisions.
7.4.6 Where the employer is looking to combine allocated ACE/OOHMA funding with another employer resulting in the creation of a similar or larger position this would also be discussed with the coordinator. Attention is also drawn to 7.2 of this collective agreement (Employment Protection Provisions) which will be relevant in certain circumstances.
7.4.7 Where the employee receives an offer from the new employer this will need to be discussed with the current employer in relation to the teacher’s ongoing teaching responsibility. A coordinator who accepts such a position with the new employer shall not be entitled to surplus staffing provisions. Should the larger coordinator role accepted not involve teaching classes the employee shall be regarded as a Teaching Coordinator, but one who no longer teaches classes, as per the Part 2 definition.
7.4.8 If a suitable position in relation to 7.4.5-7.4.7 above is unable to be offered, the employer will support the coordinator finding a suitable alternative teaching position (which incorporates the coordination hours lost) outside the school and will then meet the actual and reasonable cost of attending interviews where prior approval is given.
7.4.9 A permanent teaching coordinator who is not able to secure the equivalent lost teaching time or ACE/OOHMA coordination role as described, shall have the options available under 3.9.3 and 3.9.4 of the Secondary Teachers’ Collective Agreement (or the equivalent clauses of the Area or Primary Teachers’ Collective Agreement where either is the appropriate collective agreement) and shall notify the employer prior to the disestablishment date. The clauses shall be read in conjunction with the following:
- Any entitlement shall only relate to the teaching hours or weekly teacher half days (WTHDs) lost as a teaching coordinator. Teaching time will remain permanent and unaffected;
- For the purposes of supernumerary employment the employee shall be a supernumerary employee only for the coordination time lost for a period of 30 school weeks from the date of disestablishment of the position. It is not envisaged supernumerary employment would occur at another school. At the end of the supernumerary period should the teacher not have returned to a full teaching role then they will continue as a permanent part-time teacher.
- Any agreed retraining option would be focused upon professional development and/or study to support a full return to teaching. Any course requirements shall not interfere with the employee’s ongoing permanent teaching role except by agreement of the employer.
- In relation to a severance payment this shall be payable from the date of disestablishment, except where otherwise agreed. Any calculation again shall reflect WTHDs lost as per clause 3.2.1. In the STCA 3.9.4(3)(c) shall be followed in relation to determining service.
- The Long Service Payment provision is not applicable.