Secondary Principals' Collective Agreement
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Part One: Application of the Agreement
Secondary Principals' Collective Agreement
Effective: 1 December 2022 to 1 December 2024
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1.1.1 This agreement is entered into by:
- The Secretary for Education acting under delegation from the Public Service Commissioner made pursuant to clause 6 of Schedule 3 of the Public Service Act 2020 and acting in accordance with section 586(5) of the Education and Training Act 2020; and
- The New Zealand Post Primary Teachers’ Association (NZPPTA); and
- The Secondary Principals’ Association of New Zealand Inc (SPANZ Union).
1.1.2 In terms of section 586(6) of the Education and Training Act 2020 this agreement is binding on:
- Principals employed in State or State integrated secondary schools, as defined in 1.4.1(g), who are or who become members of the NZPPTA or SPANZ Union;
- Every employer of a principal described in clauses 1.1.2(a).
1.1.3 In relation to new school boards the parties agree that:
- Where a new school board of a school is created from the establishment of a new State secondary (including integrated) school or the amalgamation or merger of any employers bound by this agreement, then the new board shall in terms of clause 1.1.2(b) also be bound by this agreement;
- Any board bound by this agreement in terms of clause 1.1.2(b) which whilst remaining a State secondary (including integrated) school changes its name shall remain bound by this agreement;
- In accordance with section 586(6) of the Education and Training Act 2020, any board employing a principal who becomes a member of the NZPPTA or SPANZ Union shall become bound by this agreement.
1.1.4 In relation to new appointments to the position of principal of a secondary school the following provisions will apply:
- Where the principal is a member of the NZPPTA or SPANZ Union, the principal shall be employed according to the terms of this agreement and shall become bound by it;
- Where the principal is not a member of NZPPTA nor has given their bargaining authority to SPANZ Union, the principal shall be employed according to the terms of this agreement for the first 30 days, advised that she/he may join either NZPPTA or SPANZ Union and how to contact them and informed that if she/he joins either organisation, she/he shall become bound by this collective agreement.
1.1.5 All previous contracts or agreements shall be superseded by this agreement.
1.2 Name of Agreement
1.2.1 This Agreement shall be called the Secondary Principals’ Collective Agreement and referred to as "the agreement".
1.3 Term of Agreement
1.3.1 This agreement is effective from 1 December 2022 and shall expire on 1 December 2024, except as provided by section 53 of the Employment Relations Act 2000(external link).
1.4.1 The following definitions apply unless the agreement otherwise specifies:
- "Advertised" means advertised in the Education Gazette;
- “NZPPTA”, means the New Zealand Post Primary Teachers’ Association and “union” or “association” shall have the same meaning;
- "Employer" or “board” shall mean a school board or where a Commissioner has been appointed under the Education and Training Act 2020 to act in place of the schoo board, the Commissioner. Note: In relation to a dispute about the interpretation, application or operation of this agreement, the employer shall act, if the Public Service Commissioner and/or the Secretary for Education acting under delegation so requires, together or in consultation with the Public Service Commissioner and/or the Secretary for Education;
- “Employee” means a principal who is, or who becomes bound by this agreement under its coverage provisions;
- "Principal" shall mean a secondary school teacher who has been fully registered or provisionally registered or registered subject to confirmation by the Teaching Council of Aotearoa New Zealand (Teaching Council) and who has been appointed to the position of principal of a secondary school;
- “SPANZ Union” shall mean the Secondary Principals’ Association of New Zealand Inc;
- “Secondary school” shall mean a year 9-13 (form 3-7) or a year 7-13 (form 1-7) school. This includes junior high schools and senior high schools.
- "Secondment" shall mean a period where a principal takes agreed leave without pay from their Employer, in order to undertake fixed term employment with a Specified Education Sector Agency.
- Specified Education Sector Agency means Te Mahau, Te Tāhuhu o te Mātauranga | Ministry of Education, ERO, NZQA, Teaching Council and NZCER.
1.5 Declaration Pursuant to State Sector Act
1.5.1 Pursuant to section 595 of the Education and Training Act 2020 the terms and conditions contained in this agreement are declared actual terms and conditions, provided that concurrence may be given from time to time by the Secretary for Education under authority delegated from the Public Service Commissioner to additional terms and conditions, where such terms are not inconsistent with the terms and conditions contained in this collective agreement; and/or to salary rates or allowances being treated as minimum rates, where there is agreement to this between the employer and the principal.
Note: Further information on concurrences can be found on the Ministry of Education’s website at www.education.govt.nz(external link).
1.6 Variation Clause
1.6.1 The parties agree that the terms and conditions contained in this agreement may be varied at any time by written agreement between NZPPTA and SPANZ Union on behalf of employees bound by this agreement and the Secretary for Education, acting under delegation from the Public Service Commissioner made pursuant to clause 6 of schedule 3 of the Public Service Act 2020; any such variation thereby binding employers of employees covered by the agreement in accordance with section 586(6) of the Education and Training Act 2020.
1.7 Retirement Savings
1.7.1 Principals are eligible to join KiwiSaver schemes in accordance with the terms of those schemes.
1.7.2 Employer or government contributions to retirement or superannuation schemes which are closed to new members (and include the Teachers’ Retirement Savings Scheme, the State Sector Retirement Savings Scheme and the Government Superannuation Fund), shall continue in accordance with the terms of those schemes.
1.7.3 A principal can receive an employer contribution to only one retirement scheme. A principal can choose which scheme that employer contribution shall go to and is advised to consider the terms and conditions of each scheme in exercising that choice.
1.8 Additional Payments
Partnership with PPTA and SPANZ - $750 lump sum to members employed as at 1 December 2022
1.8.1 The parties recognise the value in their ongoing and productive relationship, including their joint efforts to build an environment in which the teaching profession is highly regarded, sustainable, and is fit for now and the future of learning, and that collective bargaining is a key part of those joint efforts.
1.8.2 In recognition of the benefits arising out of the parties’ relationship, including PPTA and SPANZ’s role in negotiating terms and conditions for secondary principals, and the contribution of PPTA and SPANZ and their members to the ongoing COVID-19 pandemic response, the parties agree that all full-time principals who are members of PPTA and/or SPANZ who are bound by this Agreement as at 1 December 2022 will be paid a one-off gross payment of $750.
1.8.3 The payment will be pro-rated for part-time principals based on their full-time teacher equivalent (FTTE) as at 1 December 2022.
1.8.4 The minimum payment for any principal, regardless of FTTE, will be $75, and no principal shall receive more than one payment or more than gross $750 in total.
1.8.5 Principals who are members of PPTA and/or SPANZ and are bound by this agreement as at 1 December 2022 and on that day were on approved unpaid leave under Part 5 of this agreement, are entitled to receive the one-off gross payment of $750 on the return to their position providing that they return on or before the end of Term 2, 2023 or on or before the end of Term 4, 2023 for those on parental leave. The payment will be based on the calculation for the position that would have been applicable on 1 December 2022 had they not been on approved leave.
$500 Lump sum for principals employed as at 1 December 2023
1.8.6 A further one-off gross lump sum of $500 will be paid to all full-time secondary principals, employed as at 1 December 2023.
1.8.7 The payment will be prorated for part-time principals based on their FTTE on 1 December 2023.
1.8.8 Principals on approved unpaid leave under Part 5 of this Agreement on 1 December 2023 will receive the one-off gross payment of $500 on the return to their position providing that they return on or before the end of Term 2, 2024 or on or before the end of Term 4, 2024 for those on parental leave. The payment will be based on the calculation for the position that would have been applicable on 1 December 2023 had they not been on approved leave.
1.8.9 No eligible principal will receive a total gross payment that is less than $50 or more than $500 in total.
Note: This clause will be removed in subsequent collective agreements.