Special Residential Schools' Collective Agreement
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Section 1: Information
Special Residential Schools' Collective Agreement
Effective 28 February 2019 to 27 February 2021
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The parties to this Agreement shall be:
- The Secretary for Education acting under delegation from the State Services Commissioner made pursuant to section 23 of the State Sector Act 1998(external link) and acting in accordance with section 74(5) of the State Sector Act 1988(external link); and
- The New Zealand Public Service Association Inc. (NZPSA).
1.2.1 The Agreement shall be binding on:
- Each employee who comes within the coverage clause and who is or becomes a member of the PSA.
- Each employer, as defined in 1.5 below.
1.3.1 Except as provided under 1.3.2 below this agreement shall apply to residential, professional and administrative non-teaching employees at van Asch Deaf Education Centre, Kelston Deaf Education Centre, Halswell Residential College, Salisbury School, and from 28 January 2015, Westbridge Residential School.
1.3.2 The employer shall not be required to offer this Agreement to a casual day to day reliever employed for no more than two weeks in any one engagement. This will apply to a short term casual employee relieving for a staff member absent due to sickness, bereavement or staff training; or in emergency situations.
1.3.3 The employer agrees that any casual employees will be paid no less than the minimum salary rate they would receive if appointed under this Agreement.
1.4 New Employees
1.4.1 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 offered the opportunity to be covered by this collective agreement by joining the PSA.
"Day" - means the period from midnight to the next succeeding midnight, as prescribed in Standard or Rostered scales hours (see 3.1).
"Employee" - means a person employed on a full-time or part-time basis whether salaried or temporary/fixed-term.
"Employer" - means the Board of Trustees or Commissioner of van Asch Deaf Education Centre, Kelston Deaf Education Centre, Halswell Residential College, Salisbury School, School and from 28 January 2016, Westbridge Residential School.
"PSA" - New Zealand Public Service Association Inc.
"School" - means van Asch Deaf Education Centre, Kelston Deaf Education Centre, Halswell Residential College, Salisbury School, and from 28 January 2016, Westbridge Residential School.
"Service" - Except where the employer is Westbridge Residential School, “Service” is service with the Employer, together with any other service which has been recognised as at 30 September 2015. Where the employer is Westbridge Residential School only service from 28 January 2016 will be recognised for the purposes of this clause. Service relates to annual, cessation and retiring leave.
"Continuous service" - Except where the employer is Westbridge Residential School, “continuous service” is unbroken service with a particular School, together with any other service which had been recognised effective 30 September 2015. Where the employer is Westbridge Residential School only service from 28 January 2016 will be recognised for the purposes of this clause. Continuous service relates to redundancy severance compensation (but not cessation leave).
Note: (i) In relation to service and continuous service, each existing employee will be provided with a letter and have recorded on their personal file, details of their recognised continuous service with effect from 30 September 2015. (Refer to Clause 4.2.2, Note (iii)f.)
Note: (ii) for the avoidance of doubt Note (i) does not apply to employees of Westbridge Residential School.
"Shift" - means a single period of continuous duty with or without a meal break rostered within the ordinary working week.
"Shift work" - means work performed to a weekly pattern of shifts rostered according to work requirements with commencing and finishing times as decided by the employer.
"Week" - means the seven days commencing midnight Sunday/Monday.
1.6.1 The parties agree that any or all of the provisions of this Agreement may be varied at any time by written agreement between the PSA and the Secretary for Education, acting under delegation from the State Services Commissioner made pursuant to section 23 of the State Sector Act 1988, in accordance with section 74 of the State Sector Act 1988.
1.6.2 Any such variation agreed will be binding on employees and the employer or employers of those employees covered by this Agreement in accordance with section 74(6) of the State Sector Act 1988 (as amended by the Employment Relations Act 2000).
1.6.3 Such agreement shall be recorded in writing and attached to this Agreement.
1.6.4 The PSA will advise at the commencement of negotiations for a variation, the ratification process that will be used.
1.6.5 The variation will be put for ratification to those PSA members directly affected by the variation.