Specialist Residential Schools' Collective Agreement
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Terms of Settlement
Special Residential Schools' Collective Agreement
Effective 28 February 2019 to 27 February 2021
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Terms of Settlement
This document sets out agreed components of a settlement for the Specialist Residential Schools’ Collective Agreement (SRSCA) 2021-2022, between the Secretary for Education and the New Zealand Public Service Association (PSA).
The parties have agreed to a new pay scale to replace the current pay scale with the new rates coming into effect from the date of settlement, with a further increase to the printed rates of the pay scale to come into effect 7 months later, on 10 March 2022 (refer Appendix 1).
The parties agree that the term of the agreement shall be 16 months from the date of settlement that is 10 August 2021 to 10 December 2022.
3. Recognition of Te Tiriti o Waitangi | The Treaty of Waitangi
The parties agree to introduce the following clause referencing the employer's recognition of Te Tiriti o Waitangi | The Treaty of Waitangi and the principles of PSA Ngā Kaupapa.
1.1.2 Te Tiriti o Waitangi | The Treaty of Waitangi
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
The parties also agree to amend the SRSCA clause headings to include te reo Māori interpretations within 12 months of settlement. The introduction of Māori language headings are not intended to change the effect of the headings and any disagreement on interpretation of the headings will be referred to Te Taura Whiri i te Reo Māori | The Māori Language Commission for advice.
4. Translation of the SRSCA into NZSL
The parties agree that during the first 12 months of the term of the SRSCA they will use their best endeavours to secure joint funding and identify a provider to translate the SRSCA into NZSL. It is the intention of the parties to upload the video captured translation onto their respective websites.
5. Overtime salary limit
The salary limit for payment of overtime in clause 3.3.4 has been increased to $63,570 (replacement text in italics)
3.3.4 An Employee in receipt of base salary of $63,570 per annum (including higher duties allowances) or more, is not entitled to overtime payments. Any employee who through salary increases to grand-parented incremental steps has a base salary above $63,570 will not be affected by this provision in the term of this agreement.
6. Changes to SRSCA clause wording
The parties have agred to the following changes to the wording of the SRSCA
- Clause 1.3 Coverage
Amend the current wording of clause 1.3.1 as follows (amendment in italics):
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.
- Clause 1.5 Definitions
Amend the definition of “Employer” as follows (amendment in italics):
“Employer” means the Board of Trustees or Commissioner of Halswell Residential College/Westbridge Residential School, Ko Taku Reo, and Salisbury School.
- Clause 3.1.2 Scale Working Hours
Alter the notice period for changes to permanent rosters in the first paragraph immediately after Clause 3.1.2 (b) iii from 5 to 14 working days’ as follows:
Permanent changes to rosters may be made by the employer after giving at least 14 working days' notice.
- Clause 4.7 Progression Within Grades
Replace the current wording of clause 4.7.1 with the following:
4.7.1 From 1 November 2021, progression through steps within the minimum and maximum rates that apply to each Grade will occur on the employee’s anniversary date each year, unless the employer considers that the employee has failed to meet standards of performance as assessed by the employer against the job description or written requirements for the position, and has informed the employee of this no later than two months prior to the progression becoming due.
A consequential amendment to clause 4.4.3 as follows (deleted words in italics):
4.4.3 The job description and/or written requirements for the position will be reviewed as part of the annual appraisal under clause 4.7.1.
- Part 5 Holidays and Leave Provisions
Replace the current wording of clauses 5.1 and 5.2 with the following:
5.1 Public and Designated Holidays
5.1.1 Employees are entitled to the public holidays specified in the Holidays Act 2003.
5.1.2 In addition to the public holidays, employees are entitled to the day after Boxing Day or the first weekday in lieu as a designated holiday.
5.1.3 Entitlement to a public or designated holiday exists where it falls on a day which would otherwise be a working day for the employee.
5.2 Entitlement when required to work on a Public or Designated Holiday
5.2.1 An employee who works on a public holiday is entitled to an alternative holiday on another agreed working day, which shall be one on which the school is closed for instruction, unless otherwise agreed.
5.2.2 An employee who is on call on a public holiday, where the nature of the restriction on the employee’s freedom of action is such that for all practical purposes the employee has not had a holiday, is entitled to an alternative holiday on another agreed working day, which shall be one on which the school is closed for instruction, unless otherwise agreed.
5.2.3 An employee who is only employed to work on a public holiday is not entitled to the additional day.
5.2.4 Work on a public holiday shall be paid in accordance with section 50 of the Holidays Act 2003 i.e. the greater of:
- the portion of the employee’s relevant daily pay (less any penal rates) that relates to the time actually worked on the day plus half that amount again; or
- the portion of the employee’s relevant daily pay that relates to the time actually worked on the day.
5.2.5 An employee required to work on a designated holiday (see 5.1.2) will be granted equivalent time off in lieu. They will receive no payment in addition to 8 hours ordinary pay until after 8 hours have been worked, when the appropriate overtime rate will be paid.
Add the following clause outlining the Family Violence Leave entitlement provided under the Holidays Act 2003, and renumber First Aid clause (currently 5.15):
5.15 Family Violence Leave
5.15.1 This clause reflects statutory entitlements available as at the date this collective agreement comes into force.5.15.1 This clause reflects statutory entitlements available as at the date this collective agreement comes into force.
5.15.2 Family violence includes physical, sexual, and psychological abuse or threats of abuse against an employee by any other person with whom the employee is, or has been, in a family relationship. It includes a pattern of behaviour (done, for example, to isolate from family members or friends) that is made up of a number of acts that are all or any of physical abuse, sexual abuse, and psychological abuse, and that may have 1 or both of the following features:
- it is coercive or controlling (because it is done against the person to coerce or control, or with the effect of coercing or controlling, the person).
- it causes the person, or may cause the person, cumulative harm.
5.15.3 The employer recognises that employees sometimes face situations of violence or abuse in their personal life that may affect their attendance, performance and / or their safety at work. The employer is committed to supporting employees that experience or are at risk of experience family violence or abusive behaviour and employees seeking to deal with their own violence.
5.15.4 This means supporting employees who are experiencing family violence to ask for and receive confidential help and support, including access to appropriate help.
5.15.5 Employees who are experiencing family violence are encouraged to raise it with their manager or human resources. An employee may also go through a support person, such as a PSA delegate, family violence response coordinator, family violence champion or colleague.
5.15.6 All personal information concerning family violence will be kept confidential. No information will be kept on personal files without the employee being notified.
5.15.7 In general, no adverse action will be taken against an employee if their attendance or performance at work suffers as a result of experiencing family violence, however the employer expects employees and their manager to work together to ensure normal working duties are fulfilled.
5.15.8 Where appropriate, consideration will be given to flexible working options and other workplace support such as changing telephone numbers or work areas, where possible screening incoming calls or enforcement of a protection order.
5.15.9 Family Violence Leave: An employee experiencing family violence can access up to ten days paid leave per year for medical appointments, legal proceedings, counselling sessions and / or other matters related to the family violence. Should an employee exhaust their entitlement to leave under this clause, they may be able to access special leave (an employee is not expected to exhaust other leave first).
- Clause 6.1 Higher Duties and Special Duties Allowance
Amend clause 6.1.3 in relation to the Special Duties Allowance (additional text in italics) as follows:
6.1.3 Employees required to undertake a project or other duties in addition to their own job may be granted a special duties allowance by mutual agreement with the employee.
- Clause 6.7 Camp Allowance
Replace the current wording of clause 6.7 with the following:
6.7 Work during school trips and school camps
6.7.1 For any school camp or school trip, (including staying overnight) where the employee is required to be in attendance and may be required by circumstance to be awake in the night will be paid at the minimum adult wage rate for any hours worked between 6pm and 8am.
6.7.2 This clause shall not apply, if hours worked between 6pm and 8am are part of the employee’s normal rostered hours.
6.7.3 Employees receiving payment under this clause are not entitled to overtime under clause 3.3 of this agreement
6.7.4 By mutual agreement, time in lieu may be substituted.
- Clause 8.4 Restructuring and Surplus Staffing Provisions
Amend clause 8.4.2 with the following text (additional words are in italics):
8.4.2 The Board shall at least one month prior to the formal commencement of any review which may affect PSA members in a School, advise the PSA of the review. The period of notice is to provide the PSA with the opportunity to be involved in the review. The aim of this process is to explore all options before any final decisions are made by the School.
- Clause 1.3 Coverage
7. Technical changes
The parties agree to make changes to update the SRSCA to accommodate these Terms of Settlement, other necessary wording changes since the previous collective agreement was signed, and changes to references in the collective agreement due to repeal or amendment of statutes [refer Appendix 2].
Appendix 1 - Pay Rates
4.2 Pay Rates for Grade A, Grade B, Grade C and Grade D
4.2.1 This agreement specifies minimum rates of pay.
4.2.2 The following pay scale will apply to all non-teaching staff employed by special residential schools, except those in the Specialist and Executive/Management Group:
Grade A 1 $20.00 $41,600 $44,000 $45,320 5.77% 3.00% 8.94% 1 Grade A 2 $20.00 $41,600 $44,000 $45,320 5.77% 3.00% 8.94% 1 Grade A 3 $20.00 $41,600 $44,000 $45,320 5.77% 3.00% 8.94% 1 Grade B 4 $20.00 $41,600 $44,200 $45,530 6.25% 3.01% 9.45% 2 Grade B 5 $20.00 $41,600 $44,400 $45,530 6.73% 2.55% 9.45% 3 Grade B 6 $20.00 $41,600 $44,600 $45,956 7.21% 3.04% 10.47% 4 Grade B 7 $20.29 $42,200 $44,800 $46,146 6.16% 3.00% 9.35% 5 Grade B 8 $20.91 $43,500 $45,000 $46,353 3.45% 3.01% 6.56% 6 Grade C 9 $21.36 $44,420 $45,850 $47,230 3.22% 3.01% 6.33% 7 Grade C 10 $22.02 $45,800 $47,255 $48,677 3.18% 3.01% 6.28% 8 Grade C 11 $22.71 $47,230 $48,725 $50,187 3.17% 3.00% 6.26% 9 Grade C 12 $23.41 $48,700 $50,245 $51,757 3.17% 3.01% 6.28% 10 Grade C 13 $24.15 $50,230 $51,815 $53,377 3.16% 3.01% 6.27% 11 Grade D 14 $24.90 $51,800 $53,415 $55,022 3.12% 3.01% 6.22% 12 Grade D 15 $25.68 $53,420 $55,023 $56,678 3.00% 3.01% 6.10% 13 Grade D 16 $26.49 $55,090 $56,743 $58,446 3.00% 3.00% 6.09% 14 Grade D 17 $27.31 $56,810 $58,514 $60,274 3.00% 3.01% 6.10% 15 Grade D 18 $28.17 $58,590 $59,996 $61,796 2.40% 3.00% 5.47% 16
Appendix 2 - Technical Changes
1 Amend the heading of clause 3.1.2 (a) and (b) to read:
3.1.2 Working hours(a) Standard working hours(b) Rostered working hours
Amend the Note to clause 3.1.2
(a) and clause 3.1.2
(b) i as follows (amendment in italics):
Note: Employees on standard scale working hours will, whenever possible, be granted the opportunity to have flexible working hours.
i. Placement of an employee on rostered scale working hours is at the discretion of the Principal.
2 Delete second sentence of clause 4.11.1 as follows (amendment in italics):
4.11.1 Salaries shall be paid fortnightly in arrears by direct credit to a bank account on receipt of the appropriate written authority from an employee. In the event of a direct credit not being able to be actioned, the amount of salary due to the employee shall be paid direct to the employee by cheque.
3 Delete clause 5.6.3 and renumber the remaining sub-clauses of clause 5.6
5.6.3 Annual leave no longer applies, as employees in the above occupations will be on paid time off when their school is closed (unless they are on approved leave without pay, or planning, preparation or professional development).
4 Insert headings as follows:
• above clause 6.1.1 insert “Higher Duties Allowance”
• above clause 6.1.3 insert “Special Duties Allowance”
5 Establish a link in the on-line SRSCA to the grand-parented severance entitlements for staff who began work prior to 1 May 1996 and who have been continuously employed since that date.
6 Delete the following clauses or notes and renumber as necessary as they relate to the implementation of previous SRSCA Terms of Settlement
Notes under ‘Continuous Service in clause 1.5
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.
4.2.3 From 28 February 2019, all employees on Grade C and Grade D will receive a single one-off lump sum payment of $300 gross.
4.5.2 The requirement set out in clause 4.5.1 has been met by automatic translation to the scale in clause 4.2.2 on 30 September 2015 and subject to clause 4.2.2 Notes (i), (ii), (iii) and (iv).
4.7.2 For staff appointed prior to the coming into force of the SRSCA 2015-18, progression pursuant to clause 4.7.1 is restricted to the maximum remuneration level specified in Clause 4.2.2, Note (ii).
4.14.2 Further to 4.14.1, each current employee who was employed on 29 September will receive a letter from their employer detailing the provisions which specifically continue to apply to that employee, with effect from 30 September 2015. (Clause 4.2.2 Note (iii) refers.)
Technical changes required to reflect changed legislative references in the SRSCA:
Reference/heading Clause Old reference Updated reference Parties 1.1.1 Section 23 of the State Sector Act 1988 Clause 6 of Schedule 3 of the Public Service Act 2020 Parties 1.1.1 Section 74(5) of the State Sector Act 1988 Section 586 (5) of the Education and Training Act 2020 Variations 1.6.1 Section 23 of the State Sector Act Clause 6 of Schedule 3 of the Public Service Act 2020 Variations 1.6.1 Section 74(5) of the State Sector Act 1988 Section 586 (5) of the Education and Training Act 2020 Variations 1.6.2 Section 74(6) of the State Sector Act 1988 (as amended by the Employment Relations Act 2000) Section 586 (6) of the Education and Training Act 2020 Accident Leave 5.13.1 Accident Rehabilitation and Compensation Insurance Act 1992 Accident Compensation Act 2001 Access to Personal Files 8.13 Privacy Act 1983 Privacy Act 2020 Superannuation 8.20 Government Superannuation Act 1956 Government Superannuation Fund Act 1956 Equal Employment Opportunities 10.2.1 Section 77A and 77D of the State Sector Act Section 597 and 600 of the Education and Training Act 2020