Specialist Residential Schools' Collective Agreement

1.1.1  The parties to this Agreement shall be:

1. 1. 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 
   2. The New Zealand Public Service Association Inc. (NZPSA).

1.1.2  The employer recognises Te Tiriti o Waitangi and its principles of partnership, protection and participation.  The employer recognises PSA members' commitment to the principles detailed in the PSA publication Ngā Kaupapa published July 2016.

"He waka eke noa - We are all in this together"

1.2.1 The Agreement shall be binding on:

1. 1. Each employee who comes within the coverage clause and who is or becomes a member of the PSA.
   2. 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 of the employer.

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 Agreement 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 if they are employed for more than two weeks in one engagement.

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.

1.4.1 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, temporary/fixed-term or casual.

"Employer" - means the School Board or Commissioner of Halswell Residential College/Westbridge Residential School, Ko Taku Reo, and Salisbury 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).

"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 Clause 6 of Schedule 3 of the Public Service Act 2020(external link), in accordance with section 586(5) of the Education and Training Act 2020(external link).

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 586(5) of the Education and Training Act 2020(external link).

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.

1.7.1 The parties to this Agreement recognise the value in their ongoing and productive relationship, including their joint efforts to ensure employees in specialist residential schools are valued and well supported. Collective bargaining is a key part of those joint efforts.
  
1.7.2 In recognition of the benefits arising out of the parties’ relationship, including the Public Service Association’s role in negotiating terms and conditions for specialist residential schools’ employees, each full-time employee who was a member of the PSA as at 11 December 2022 will be paid a one-off payment of $750 gross.   The payment will be pro-rated for:

1. part-time employees based on their full-time equivalent (FTE) as at 11 December 2022.
2. casual employees who have worked a minimum of 8 hours over the period 1 July to 10 December 2022, based on the of the total number of hours worked in proportion to 1.0 FTE during that period. Casual employees who worked less than 8 hours during that period are not entitled to the payment.

Employees who were a member of the PSA as at 11 December 2022 and on that day were on approved unpaid leave under Part 5 of this agreement, are entitled to receive the one-off payment of $750 gross when they return to work, 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 11 December 2022 had they not been on approved leave.

An employee may be eligible to have the payment calculated under more than one category. However, no eligible employee will receive a total gross payment that is less than $75 or more than $750 in total.

1.7.3 A one-off lump sum of $500 gross will be paid to all full-time employees who are employed on 1 December 2023.  The payment will be pro-rated for:

1. part-time employees based on their full-time equivalent (FTE) as at 1 December 2023.
2. casual employees who have worked a minimum of 8 hours over the period 1 July to 30 November 2023, based on the of the total number of hours worked in proportion to 1.0 FTE during that period. Casual employees who worked less than 8 hours during that period are not entitled to the payment.

Employees who are on approved unpaid leave under Part 5 of this agreement on 1 December 2023 are entitled to receive the one-off payment of $500 gross when they return to work, 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.

An employee may be eligible to have the payment calculated under more than one category. However, no eligible employee will receive a total gross payment that is less than $50 or more than $500 in total.

Note: Clause 1.7 will be removed in subsequent collective agreements.