Primary Teachers' Collective Agreement

The following is intended to inform Boards/clusters of the process they are to follow if they are required to reduce the number of resource teachers employed within their cluster.  It is intended to be read in conjunction Part 9 of this Agreement.

1. Ministry of Education | Te Tāhuhu o te Mātauranga notifies employing Boards in affected clusters, NZEI Te Riu Roa and NZSTA that they are overstaffed for Resource Teachers:
   • 1 March: Ministry of Education | Te Tāhuhu o te Mātauranga identifies clusters that are over-staffed based on March role return. Employing Board informed if there is a possibility of over-staffing for the following school year.
   • 1 July: Ministry of Education | Te Tāhuhu o te Mātauranga sends out notices of withdrawal of funding the following school year for positions to Boards of affected schools.
2. The cluster convenes to discuss the needs of the cluster in light of having to reduce Resource Teacher positions.
3. In consultation with resource teachers within the cluster, the cluster attempts to meet the required reduction through attrition.
4. If attrition does not achieve the required reductions the cluster notifies the relevant parties and facilitates a surplus staffing committee within the cluster comprised of one representative from each employing school boards in the cluster, provided that where there are fewer than three employing schools within the cluster the surplus staffing committee will invite participation from other Boards within the cluster to ensure that the surplus staffing committee comprises representatives of no less than three Boards.
5. In identifying positions for disestablishment the committee will conduct a needs analysis in consultation with the resource teachers within the cluster in accordance with clause 9A.4(c) of this Agreement, provided that, the criteria to be applied in order to identify the position(s) shall be as set out in the table below. This is in place of the criteria described in clause 9A.4(a) of this Agreement.

1. If the needs analysis does not result in the identification of the teacher(s) whose position(s) will be disestablished, duration of service in the cluster of Resource Teachers may be applied as an additional criterion.

6. The surplus staffing committee on behalf of the cluster shall formally notify the employing school Board(s) of position(s) identified for disestablishment.
7. The employing Board notifies its affected Resource Teacher(s) of the disestablishment of their position(s)².
8. If disestablishment occurs, clauses 9A.5-9A.11 (inclusive) of this collective Agreement will apply.

1. The process outlined in Appendix 5 Part B, clause 7 a. shall only apply to changes of RTLB Cluster Lead School Employer board (RCLSE) within the primary sector i.e. from the school board of one primary school to another.¹

2. Where an RCLSE proposes to relinquish that role, the board shall inform the Ministry of Education National Office of the proposal.  The Ministry of Education will in turn inform NZEI Te Riu Roa about the proposal within 7 days of receiving the notification from the RCLSE.

3. The RCLSE will consult with those RTLBs it employs on the proposed relinquishment.  This consultation shall commence within 14 days of the RCLSE informing the Ministry of the proposal.

4. If the board confirms the decision to relinquish its RCLSE role after the consultation process has concluded, the RCLSE shall notify the RTLB of this decision as soon as reasonably practicable.   

5. Once a replacement RCLSE has been selected by the Ministry of Education, the ceasing RCLSE will send a letter to each of its RTLBs giving notice of the disestablishment of their role (notice of termination because the board has relinquished its RCLSE role) and the new RCLSE will then send each of the RTLBs a letter of offer, offering them a RTLB position; the notice of termination and the offer letter will be sent at least two months before the change of RCLSE takes effect.

6. If the RTLB declines a transfer to a suitable  position , the employee will not be entitled to receive any payment or other benefit (including surplus staffing entitlements) on the grounds that his or her position has ceased to exist. (The employee’s notice period continues to apply, however.) If the position is not considered a suitable position and the employee declines a transfer then the employee shall be entitled to the surplus staff entitlements set out in clause 9A.7, 9A.8, 9A.9, 9A.10 and 9A.11.

7. Any position remaining unfilled after this process will be part of a normal appointment process (see clause 2.2 of this Agreement). 

8. Where an RTLB transfers to a new RCLSE as a result of the former RCLSE relinquishing its role, the RLTB:

1. Will be bound by the collective agreement which covers the new RCLSE.
2. Will transfer on to a base salary step no less than what was received while employed by the former RCLSE.
3. Will retain the permanent salary unit allocated to the RTLB position.
4. Will retain the special duties increment allowance.
5. Will retain the number of permanent Leadership Payments allocated by the former RCLSE for one year from the date of commencement with the new employer whilst the RTLB continues to hold an RTLB position.
6. Retains additional permanent unit(s) and/or allowances allocated by, or applying to, the former RCLSE for one year from the date of commencement with the new employer whilst the RTLB continues to hold an RTLB position with the new employer; for the avoidance of doubt this includes Primary Teachers Supply Allowance (PTSA) and Staffing Incentive Allowance (SIA).
7. Retains additional fixed term unit(s) and/or allowances allocated by the former RCLSE for the lesser of the term of the appointment agreed or for a maximum of one year whilst the RTLB continues to hold an RTLB position.
8. Retains payments made under the Staffing Incentive Allowance or the Priority Teacher Supply Allowance (PTSA) provisions as long as they continue to be employed by an RCLSE which attracts such allowances.
9. Retain continuous service for leave purposes.

9. RTLB who are or who become housed in host schools which attract the PTSA or the Staffing Incentive Allowance, shall also be entitled to such allowances, provided that these allowances are not payable in respect of both the RCLSE and host school.

10. RTLB employed in a fixed term position will be offered employment to a suitable position with the new lead RCLSE for a fixed term corresponding with the remaining period of their original fixed term position.

Note: This process is separate to the one outlined in Part A above.

The following provisions shall apply in regard to the 2011 reorganisation of the RTLB service to deal with the formation of new clustering arrangements to provide an orderly process to retain employment opportunities.

1. For the purpose of the clauses below:
   1. A ‘lead school employer’ is a school in a new or transformed cluster which has taken on the role of employing all RTLB within the new cluster.
   2. A ‘ceasing school employer’ is a school that is ceasing to receive cluster resourcing for the RTLB they currently employ and who is therefore disestablishing existing RTLB positions.
2. When the new lead school employer is identified, and where it is not the current employing school, the ceasing school employer shall write to each RTLB it employs giving notice of disestablishment of her/his position from 27 January 2012.
3. Concurrently the new lead school employer will write to all permanent RTLB in ceasing employing schools in the transformed cluster and offer her/him a suitable⁴ RTLB position in the transformed cluster.
4. If the employee declines a transfer to a suitable position, the employee shall not be entitled to receive any payment or other benefit (including surplus staffing entitlements) on the ground that his or her position has ceased to exist. If the position is not considered a suitable position and the employee declines a transfer then the employee shall be entitled to the surplus staffing entitlements outlined in Part 9 of this Agreement.
5. Any position remaining unfilled after this process will be part of a normal appointment process (clause 2.2 of this Agreement refers. For the purposes of this transformation only the RTLB:
   1. Will transfer on to a base salary step no less than currently received.
   2. Retain additional permanent unit(s) allocated by the current employer under clause 3.9 of this Agreement for one year from the date of commencement with the new employer whilst the RTLB continues to hold an RTLB position in the new cluster.
   3. Retain additional fixed term unit(s) allocated by the current employer under clause 3.9 of this Agreement for the lesser of the term of the appointment agreed or for a maximum of one year whilst the RTLB continues to hold an RTLB position in the new cluster.
   4. Retain payments made under the Isolation Allowance provisions clause 3.15, the Staffing Incentive Allowance clause 3.16.1 or the Priority Teacher Supply Allowance (PTSA) provisions clause 3.16.2 of this Agreement as long as they continue to be located in the school which attracts such allowances.
   5. Will retain continuous service for leave purposes.
6. RTLB who are or who become housed in host schools which attract the Isolation Allowance, PTSA or the Staffing Incentive Allowance, shall also be entitled to such allowances, provided that these allowances are not payable in respect of both the lead and host school.
7. For the purposes of this variation those RTLB employed in a fixed term position which will extend beyond 28 January 2012 will be offered employment to an equivalent RTLB position with the new lead employer for a fixed term corresponding with the remaining period of their original fixed term position.