Kindergarten Teachers, Head Teachers and Senior Teachers' Collective Agreement

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Email: employment.relations@education.govt.nz

Part One: General

Kindergarten Teachers, Head Teachers and Senior Teachers' Collective Agreement
Effective: 5 April 2023 to 4 April 2026

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  • 1.1 Parties to the Agreement
      1. The parties to this agreement shall be the Secretary for Education acting under delegation from the Public Services Commissioner made pursuant to section 592 of the Education and Training Act 2020 and acting in accordance with section 586 of the Education and Training Act 2020 (herein known as "the Ministry" or "the Secretary"); and
      2. New Zealand Educational Institute Te Riu Roa (herein known as "the Union" or "NZEI Te Riu Roa").
  • 1.2 Application of the Agreement
      1. This agreement shall be binding on the parties to it and:
      2. Each teacher as defined in the coverage clause (herein known as "the teacher or employee"), who is employed by a Free Kindergarten Association and who is a member or becomes a member of NZEI Te Riu Roa;
      3. Each Free Kindergarten Association that controls a free kindergarten within the meaning of section 10(1) of the Education and Training Act 2020 that employs a teacher who is bound or entitled to be bound by this agreement (herein known as the "employer" or “Association”).
  • 1.3 Coverage
      1. The parties agree that the terms and conditions of this collective agreement cover kindergarten base scale teachers, head teachers and senior teachers (as those terms are defined in this agreement) who are employed by free kindergarten associations as per section 10 and Schedule 2A of the Education and Training Act 2020.
      2. New employees of associations bound by this agreement whose work is 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 NZEI Te Riu Roa and become bound by this collective agreement.
  • 1.5 Variations
      1. The parties agree that the terms and conditions of this agreement may be varied by written agreement between NZEI Te Riu Roa on behalf of its members, and the Secretary for Education, acting under delegation from the Public Service Commissioner made pursuant to section 592 of the Education and Training Act 2020, in consultation with the employers bound by the agreement.
  • 1.6 Definitions
      1. In this agreement, unless the context otherwise requires:
          1. Teacher means a trained and qualified teacher certificated by the Teaching Council of Aotearoa New Zealand who is employed on teaching duties in a free kindergarten.
          2. Head Teacher means a trained and qualified teacher certificated by the Teaching Council who is the pedagogical and operational lead of a free kindergarten in addition to undertaking teaching duties, as determined by the employer in agreement with the teacher and in accordance with the teacher’s position description.
          3. Senior Teacher means a trained and qualified teacher certificated by the Teaching Council who provides professional support and guidance and carries out administrative and management roles under delegation from their employer across free kindergartens within or across a Kindergarten Association(s) as determined by the teacher and in accordance with the teacher’s position description.
          4. Full-time Teacher means a teacher who is appointed to a position for which the total hours of work should, as far as practicable, not exceed 40 hours per week, worked from Monday to Friday inclusive.
          5. Part-time Teacher means a teacher who is appointed to a position for which the total hours of work are less than 40 hours per week, worked between Monday and Friday.
          6. Hours of Work means the total hours required for employees to properly fulfil the duties and responsibilities connected with their employment, inclusive of child-contact time and professional time as per clause 2.5.
          7. Long-term Reliever means a teacher who is a fixed term employee who relieves in a position for which the tenure at the time of appointment is known to be more than six weeks.
          8. Short-term Reliever means a teacher who is a fixed term employee who relieves in a position for which the tenure at the time of appointment is known to be not more than six weeks and includes relievers employed on a day-to-day basis.
          9. Kindergarten means a free kindergarten as defined in section 10(1) of the Education and Training Act 2020.
          10. Kindergarten Session: a kindergarten that operates sessionally and holds a sessional licence; or operates two separate periods in a day separated by a break with no children; and/or has one period in a day operating to the teacher:child ratio of a sessional licence three or more days a week.
          11. Kindergarten Day: a kindergarten that holds an all day licence, operating to the teacher:child ratio of an all-day licence and does not operate sessionally as defined under kindergarten session.
          12. Child Contact Time: is time spent directly engaged with a child or group of children (including pedagogical observation) when the kindergarten is open for instruction.
          13. Professional Time: is time spent undertaking responsibilities other than child contact within a teacher’s normal hours of work.
          14. Head Teacher Professional Time: is time when the head teacher is released from normal child-contact duties, when the kindergarten is open for instruction, in order for them to undertake responsibilities related to the head teacher’s role as professional leader. The head teacher will use this time to develop strong professional leadership skills, to support the teaching team and improve the quality of teaching and learning.
          15. Professional Standards: means the Teaching Council Standards for the Teaching Profession.
  • 1.7 Declaration Pursuant to the Education and Training Act
      1. Pursuant to section 595 of the Education and Training Act 2020 the Secretary for Education acting pursuant to the delegated authority of the Public Service Commissioner has declared that all of the conditions contained in this collective agreement are actual conditions of employment.
      2. Provided that the Secretary for Education may from time to time give approval to the terms and conditions being treated as minimum rates where there is agreement to this between the employer and employee and where such terms are not inconsistent with the terms and conditions of this collective agreement.
  • 1.8 Senior Teachers
      1. The provisions in this agreement apply in their entirety except where senior teachers who were members of NZEI Te Riu Roa at 24 November 2000 and who had benefits not otherwise provided for under the provisions of this agreement, including the personal use of an association’s vehicle, shall retain these benefits. The parties agree that such arrangements were made between the employer and employee in good faith and may be changed in accordance with association policy.
      2. The following provisions shall not apply to senior teachers:
        2.5: Hours of Work
        3.1: Salary Scales
        3.3: Salary on Appointment
        3.4: Appointment to a Lower Salary Scale
        3.5: Improved Qualifications
        3.6: Salary Progression
        3.7: Deferred Progression
        4.2: Annual Leave
        5.1: Expenses incurred in the Use of Private Vehicles
        5.2: Meal Allowance
        5.3: Relieving Allowance
      3. Alternative provisions applicable to senior teachers are found in Part 8.