Primary Principals' Collective Agreement
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Part 2: General Provisions
Primary Principals' Collective Agreement
Effective: 26 August 2019 to 25 August 2022
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2.1 Good Employer/Equal Employment Opportunities
2.1.1 Attention is drawn to the State Sector Act 1988 Part 7A(external link) which outlines the responsibilities of the employer with regard to the operation of a personnel policy that complies with the principles of being a good employer and the equal employment opportunity responsibilities of the employer.
2.2.1 Advertising Positions
All positions of at least one year’s duration must be advertised nationally.
2.2.2 Permanent Positions
All appointments to advertised positions shall be permanent unless there are genuine reasons on reasonable grounds for appointing for a fixed term e.g., long-term relieving positions and positions about to be disestablished.
Note: As intended in the Education Act 1989(external link) and Education (School Staffing) Orders, a principal means one person is employed in the principal role. This would exclude co-principal arrangements. For clarity, co-principal means two or more full time teachers employed jointly who alternate the role of principal in one school.
2.2.3 Appointments Process and Criteria
- Attention is drawn to the State Sector Act 1988(external link) insofar as it provides that the person best suited to the position shall be appointed. In applying that provision the employer will have regard to the experience, qualifications and abilities relevant to the position and such other relevant matters as it determines.
- Employers are required to make available to all applicants, on request, details of the duties to be carried out and the criteria for an appointment.
- Equal employment opportunities principles shall be applied and demonstrated in appointments procedures. The intent of these principles is to provide equal access and consideration and equal encouragement in areas of recruitment, selection, promotion and career development. These principles are to be applied to enable people to pursue their careers without their chances being reduced by factors which are irrelevant to the requirements of the position.
2.3 Re-entry after Absence Due to Childcare
2.3.1 A principal who resigns from a position to care for pre-school children may apply to re-enter the service under preferential provisions subject to clause 2.2, provided that:
- The absence does not exceed four years from the date of resignation, or five years from the date of cessation of duties to take up parental leave.
- The applicant must:
- produce a birth certificate for the pre-school child;
- sign a statutory declaration confirming that absence has been due to the care of a pre-school child and paid employment has not been entered into for more than 15 hours per week during that absence.
2.3.2 Where the applicant meets all the provisions of clause 2.3.1 and at the time of application:
- has the necessary skills to competently fill a vacancy which is available in the service; and
- the position is substantially the same in character and at the same or lower salary and/or within the same grade (roll band) as the position previously held, then the applicant is to be appointed in preference to any other applicant for the position.
2.3.3 The period of preferential appointment expires 3 months after the period in clause 2.3.1(a).
2.3.4 Absence for childcare reasons will interrupt service but not break it. The period of absence will not count as service for the purposes of sick leave or annual leave or any other leave entitlement.
2.4 Hepatitis B Immunisation
2.4.1 The parties agree in principle that responsibility for pre-exposure immunisation of principals rests with employers who should accept responsibility for safety in the workplace, and who will be advised as necessary by the Ministry of Health or the Ministry of Business, Innovation and Employment.
2.4.2 In situations where principals may be at significantly increased risk of acquiring hepatitis B because of the nature of their job, the situation shall be assessed on an individual basis to decide if immunisation would be appropriate. The parties do not envisage that immunisation programmes would be set up to cover all principals covered by this Agreement. Only those working in an area with a high incidence of hepatitis B may receive immunisation.
2.4.3 In all situations where a risk of being infected by the hepatitis B virus exists, it shall be the duty of employers to require safe working practices on the part of the principal and to ensure appropriate hygiene measures to reduce such risk to a minimum, whether or not immunisation is considered advisable.
2.5 Personal Files
2.5.1 The employer shall ensure that personal files are held in a secure place and access is confined to authorised personnel and the principal concerned.
2.5.2 Attention is drawn to the Privacy Act 1993(external link) which outlines responsibilities for the collection, storage and availability of personal information.
2.6.1 A representative of the union shall be entitled to enter at all reasonable times upon the premises for purposes related to the employment of its members or for purposes related to the union’s business or both. The representative shall enter at a reasonable time and in a reasonable way and comply with existing safety, health and security procedures and requirements applying in respect of the school.
2.7 Union Deductions
2.7.1 Any employer, when requested in writing by the secretary of the union, shall, within one month after the receipt of such request, supply to the union the name of the principal coming within the scope of this Agreement when in their employ (but such request shall not be made to the employer at intervals shorter than six months).
2.7.2 In accordance with authorities signed by the individual principal the employer shall arrange for the deduction of union subscriptions for union members covered by this agreement except in cases agreed to between the employer and the union.
2.7.3 Except as may be otherwise agreed, the commission payable by the Institute for this service shall not exceed 2.5 per cent of the aggregate sum of the amount deducted.
2.8 Health and Safety and Wellbeing
- The parties recognise the importance of ensuring good and safe working conditions through health and safety in the workplace and that it is a mutual obligation of the employer and principal to achieve this through a participative approach.
- To this end attention is drawn to the Health and Safety at Work Act 2015(external link). These Acts, and other legislation, relevant Codes of Practice and Guidelines are reference points for a gaining common understanding of what those obligations are, what will assist in meeting those mutual obligations and also in promoting best practice.
- Where a principal's health and safety is shown to be at risk in the carrying out of her/his duties the employer shall take all reasonable steps as are necessary to remove or minimise the identified risk for the principal and if appropriate, to do so in consultation with the relevant health and safety authorities.