School Caretakers', Cleaners' and Canteen Staff Collective Agreement

The parties to this Agreement shall be the Secretary for Education, acting under delegation from the State Services Commissioner made pursuant to Clause 6 of Schedule 3 of the Public Service Act 2020(external link) and acting in accordance with Section 586 (5) of the Education and Training Act 2020(external link), and E tū.

1.2.1 This Agreement is binding on each school board, or commissioner as appropriate, of every state or state-integrated primary, secondary or composite school, or attached community learning centre.

1.2.2 The Agreement is also binding on each school caretaker or cleaner or canteen staff who is employed by an employer listed in 1.2.1 above and who is, or becomes and notifies their employer of this, a member of E tū.

The term of this Agreement shall be from 14 November 2022 until 13 November 2024.

1.4.1 National - The parties agree that the terms and conditions contained in this Agreement may be varied at any time by agreement between E tū and the Secretary for Education, acting under delegation from the Public Services Commissioner made pursuant to Clause 6 of Schedule 3 of the Public Service Act 2020(external link).

1.4.2 School level - Nothing shall prevent agreement being reached in writing between a worker, their employer and a representative of the union to pay a remuneration package which incorporates allowances and/or overtime and/or call back. Such an agreement will be in writing and signed by the worker, the employer and the union representative and will clearly specify the individual elements of the remuneration package. This provision is intended to provide a mechanism to simplify the administration and operation of this Collective Agreement for schools and not to disadvantage the worker in terms of their broad entitlements under this Agreement.

Where any worker had previously entered into a salary arrangement which incorporated various allowances into their salary package, the salary arrangements shall be put in writing, clearly specifying the individual elements of the remuneration and signed by the worker, their employer and a representative of the union. Where various allowances have been incorporated into the salary package it is not the intention of the parties that the worker shall be paid in addition any allowances which have been already incorporated into the salary package. Any worker bound by this Agreement shall have the benefit of all other minimum provisions in the Agreement.

Unless otherwise specifically provided for, the following definitions shall apply:

1.6.1 "Employer" shall mean the School Board or Commissioner.

1.6.2 "Union" shall mean E tū.

1.6.3 A "Cleaner" is a worker who is employed for the sole purpose of doing cleaning of any kind.

1.6.4 A "Canteen Staff" member is a worker employed in the school canteen or tuck shop or as a teaperson in the school staffroom.

1.6.5 A "Caretaker" shall mean a caretaker, assistant caretaker or part-time caretaker as provided for under Part 3 of this Agreement.

1.6.6 "Spouse" means the husband or wife of the worker.

1.6.7 "Husband" includes a man with whom a person has entered into a relationship in the nature of marriage although not legally married to him.

1.6.8 "Wife" has a corresponding meaning to husband.

1.6.9 "Agreement" means the School Caretakers', Cleaners' and Canteen Staff Collective Agreement 2022-2024.

The following shall apply in relation to “service” unless otherwise specified.

1.7.1 Continuous service - Refers to service within the State Education Service.

1.7.2 Unbroken service - Service is not considered to be broken if the worker takes up a position as a caretaker, cleaner or canteen staff within one month of having lost a position in the state education service.

1.7.3 Crediting of service for salary purposes - The credited service must be for employment as a caretaker, cleaner or canteen staff. It must also be unbroken service as defined above.

1.7.4 Breaks in service - Previous service may be credited towards present leave entitlements. The previous service must have been continuous for at least 12 months in the state education service. The period since previous employment in the state education service must be no more than five years ago.

1.7.5 Minimum period of continuous employment which can be credited:

1. For crediting for sick leave, long service leave and service holidays, the worker must have had at least six months' previous continuous service.
2. For long service leave and service holidays the breaks between each period of credited employment cannot exceed three months.

1.7.6 Service which ended with redundancy - No service which ended with the worker accepting a redundancy or severance payment shall be counted as service for the purposes of this Agreement.

1.7.7 Debited leave - Any sick or long service leave taken during the credited previous employment periods is to be debited against current entitlements.

1.7.8 Part-time employment - Previous part-time employment can qualify on the same basis as full-time employment provided the other criteria are met, i.e. it is not reduced to full-time equivalence.

1.8.1 The parties agree that all new employees who are employed to perform work falling within the coverage clause shall be advised of this collective agreement, be given a copy of it and be advised that they may join E tū.