Specialist Residential Schools' Collective Agreement

This section sets out the components of the settlement of the Specialist Residential Schools’ Collective Agreement (SRSCA) 2022–2025.

This agreement has been settled between the Secretary for Education and the New Zealand Public Service Association (PSA). It shall be subject to ratification by PSA members pursuant to section 52 of the Employment Relations Act 2000.

The terms outlined in this document are valid for ratification by PSA provided ratification is confirmed and the new collective agreement is signed no later than 5pm on 5 May 2023. 

1. Term

The Specialist Residential Schools’ Collective Agreement 2022–25 shall commence on 11 December 2022 and be effective for twenty-four months from the date it is signed, provided the agreement is signed by 5 May 2023.

2. Remuneration

The existing rates are replaced by the rates detailed in Annexe 1, which will come into effect on the dates indicated.

The parties also agree to the consequential clause changes detailed in Annexe 1.

3. Disregarded sick leave

The parties have agreed to include a new clause providing for disregarded sick leave where an employee contracts a notifiable infectious disease listed in Part 1 of Schedule 1 of the Health Act 1956 and is requested or directed to be excluded from school for a period determined by a Medical Officer of Health or is otherwise prevented from attending work by a relevant Public Health Order, as outlined in Annexe 2.

4. Additional payments

Partnership with PSA - $750 Lump sum for members employed as at 11 December 2022 

The parties agree that all full-time employees who were a member of the PSA as at 11 December 2022 are entitled to receive a one-off gross payment of $750. The payment will be pro-rated for part-time and casual employees based on their full-time equivalent (FTE) as at 11 December 2022.  

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 collective agreement are entitled, upon application, to receive the one-off gross payment of $750 on their 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 minimum payment for any employee, regardless of FTE, will be $75, and no employee shall receive more than $750 gross in total.

Clause wording is included in the attached Annexe 3. This clause wording will be removed in subsequent collective agreements.

$500 Lump sum for those employed as at 1 December 2023

The parties agree that a one-off gross lump sum of $500 be paid to all employees who are employed as at 1 December 2023. This will be pro-rated according to FTE for part-time and casual employees. 

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

The minimum payment for any eligible employee, regardless of FTE, will be $50, and no employee shall receive more than $500 gross in total.

Clause wording is included in the attached Annexe 3. This clause wording will be removed in subsequent collective agreements.

5. Joint guidance for employers

The parties agree that the PSA and NZSTA will work collaboratively to produce joint guidance for employers about the interpretation of the collective agreement as it relates to an employee’s remuneration and conditions.

6. Related matters

We note that this settlement will be implemented by the Education Payroll by 16 June 2023, providing it is signed by 5 May 2023.

The parties agree that the terms and conditions in the collective agreement, bar the additional payment to employees bound by the collective agreement, will be passed on to non-union staff.

7. Technical amendments

The parties have agreed on technical amendments to bring the collective agreement into conformity with relevant legislation. These are detailed in Annexe 4.  

Signed in Wellington on 20 March 2023 by: 

Dolly Larkins, Advocate for PSA

Isabella Sutherland, Advocate for the Secretary for Education

Witnessed: Kate Lethbridge, for New Zealand School Trustees Association 

The parties agree to amend the collective agreement as follows: 

4.2 Pay rates for grade A, grade B, grade C and grade D from 11 December 2022

4.2.1 This agreement specifies the minimum rates of pay.

4.2.2 With effect from 11 December 2022, the following pay scale will apply to all non-teaching staff employed by specialist residential schools, except those in the Specialist Executive/Management Group and those who routinely undertake work described in the Administration Support Staff Work Matrix Table, whether designated as administration support staff or not:

4A.3 Administration Support Staff rates

4A.3.1 The following minimum pay rates will apply to all employees who routinely undertake work as described in the Administration Support Staff Work Matrix Table, whether designated as an Administrator or not. The new pay rates will apply from 11 December 2022.

4A.3.2 Employers may agree a pay rate above stated maximum for rate for each Grade specified in the pay rate table.

4A.3.3 Administration Support Staff Pay Rates:

Consequential Changes:

The parties agree to remove the following transitional clause in the agreement:

4A.4 Translation to new administration support staff rates 

4A.4.1 Administration support staff who were employed under this Agreement on or after 20 August 2021 will translate to the applicable pay equity rate based on the step or steps held from 20 August 2021, as set out in the table below:

4A.4.2 There is no pay equity correction required for Executive Managers, who at the date prior to the pay equity rates coming into effect, are paid above $115,688 per annum.

4A.4.3 Administration support staff whose hourly rate upon translation exceeds the applicable Work Matrix maximum hourly rate will retain that higher rate.

4A.4.4 These increases are additional to, not a replacement for, annual progression under clause 4A.6. 

The parties agree to amend the clause numbering in the agreement as follows:

4A.4 Placement on appointment 

4A.4.1 The employer will determine job descriptions and / or other written requirements and the applicable Work Matrix Grade for all positions as part of the recruitment process.  

4A.4.2 Upon appointment to an administration position, the employee’s role must be placed in a Work Matrix Grade using the Administration Support Staff Work Matrix Table set out in clause 4A.2.1.  

4A.4.3 The Work Matrix Grade of each role will be determined by identifying one or more of the highest level skills / demands / responsibilities, as set out in the Administration Support Staff Work Matrix Table in clause 4A.2.1 required for the competent performance of the role. The skills / demands / responsibilities must be a routine and ongoing part of the role; isolated or one-off demands must not be included. The employer should do this using the joint NZSTA / NZEI Te Riu Roa / Ministry of Education guidance provided for this purpose.  

4A.4.4 An administrator employed for two or more distinct positions, must be placed in the appropriate Work Matrix Grade for each position.  

4A.4.5 The pay rate can be at any step within the minimum and maximum rates of the applicable Work Matrix Grade. In determining the applicable pay rate, the employer should also consider any particular skills and qualifications held by the administration support staff as well as any previous relevant paid or unpaid work experience. 

4A.4.6 Where an employee has previously been employed in an administration role covered by the Administration Support Staff Pay Equity Claim Settlement, and the break in employment (including between employers) has been less than 12 months then the following applies: 

Based on information about their previous employment provided by the employee, placement on appointment must take into account their previous service as follows:  

• Where the skills / demands / responsibilities of the new role is within the same Work Matrix Grade as the previous role, the starting step should be at least the step they last held. 
• The employer should also consider any particular skills and qualifications held, as well as any previous relevant paid or unpaid work experience undertaken by the employee since they were last employed.

4A.5 Progression within the work matrix grades 

4A.5.1 Subject to clause 4A.5.2 below, from 20 August 2021, for employees paid in Grades 5, 6 and 7 progression through steps within each grade will be on an annual basis, either on the employee’s anniversary date or, where no anniversary date is established, 12 calendar months from the effective date of the pay equity rates and annually thereafter until the employee reaches the maximum step of their grade. Progression does not occur beyond the top step of these grades.

4A.5.2 Progression is subject to the employee meeting or exceeding standards of performance as assessed by the employer against the job description and/or written requirements for the position. Progression will occur unless the employer considers this requirement has not been met and has informed the employee in writing no later than two months prior to the progression becoming due.

4A.5.3 Subject to clause 4A.5.4 below, from 20 August 2021, for employees paid in Grades 2, 3 and 4 progression through the steps of Grades 2, 3, and 4 will be on an annual basis, either on their anniversary date or, where no anniversary date is established, 12 calendar months from the effective date of the pay equity rates and annually thereafter. Progression does not occur beyond the top step of Grade 4. 

4A.5.4 Progression under clause 4A.5.3 will occur unless: 

• the employee is not meeting, or exceeding standards of performance as outlined in 4A.5.2 above; or 
• the work is deemed to stay in the current grade, i.e., where the employer considers the work is solely within current grade and has informed the employee in writing no later than two months prior to the progression becoming due; or
• the employee has progressed to the maximum step of their applicable grade.

4A.5.5 An employee, who has the right to representation at any stage, may request their employer reconsider their salary progression. 

4A.5.6 For employees employed prior to 4 July 2022, if progression on the basis of the rules set out in clauses 4A.5.1 to 4A.5.5 above would put the employee in a worse position than they would have been in had they remained subject to the pay scale and progression rules existing prior to 20 August 2021, the employee shall be entitled to progress to the rate they would have been on under the previous system. 

4A.6 Pay equity review 

4A.6.1 The remuneration of employees who routinely undertake work described in the Administration Support Staff Work Matrix Table set out in clause 3B.2.1 will be reviewed periodically to ensure that pay equity is maintained. These reviews will be aligned with the collective bargaining round. 

4A.6.2 The parties agree to consider a range of available information as part of any review, including but not limited to, trends in changes to the Labour Cost Index, Consumer Price Index, and Treasury analysis of labour movements, as well as trends in changes to the remuneration of the comparator workforces used to assess the Administration Support Staff Pay Equity Claim.

The parties agree to add clause wording to the agreement as follows:

5.17 Disregarded sick leave

5.17.1 Disregarded sick leave will be granted where the employer is satisfied that the employee has contracted a notifiable infectious disease listed in Part 1 of Schedule 1 of the Health Act 1956, and is either:

1. complying with a written request or direction from a Medical Officer of Health to refrain from attending school for a specified period, or
2. is otherwise prevented from attending work by a relevant Public Health Order.

5.17.2 The employee shall produce:

1. a medical certificate or other evidence of illness, as required by their employer, for absences exceeding two days; and
2. evidence of the written request or direction from the Medical Officer of Health or a copy of the relevant Public Health Order.

5.17.3 The maximum number of days of sick leave that can be disregarded is the lesser of:

1. The period specified by the Medical Officer of Health or the relevant Public Health Order; or
2. The number of days of paid sick leave available to the employee on the day prior to the first day of the period specified by the Medical Officer of Health or Public Health Order.

5.17.4 Where paid sick leave has been deducted for any period subsequently granted as disregarded sick leave under clause 5.17.1 above, the sick leave will be reinstated.

The parties agree to add clause wording to the agreement as follows:

1.7 Additional Payments

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.