Support Staff in Schools' Collective Agreement
Variation to the Support Staff in Schools' Collective Agreement
This document includes the recent variation to the Support Staff in Schools' Collective Agreement that implements the settlement of the Teacher Aide Pay Equity Claim (TAPEC). The Settlement Agreement and the Variation Document can be accessed separately from the related documents below.
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Part 1 Coverage / Term of Agreement / Variations
Support Staff in Schools' Collective Agreement
Effective 13 December 2019 to 6 February 2022
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1.1 Parties to the agreement
1.1.1 The parties to this agreement shall be NZEI Te Riu Roa, E tū and the Secretary for Education acting under delegation from the State Services Commissioner made pursuant to s 23 State Sector Act 1988 and in accordance with s 74(5) of that Act.
1.2 Term of the agreement
1.2.1 The term of this agreement is 13 December 2019 to 6 February 2022.
1.3.1 This agreement is binding on every employer as defined in clause 1.6.3.
1.3.2 This agreement is applicable to every employee employed by an employer.
1.3.3 This agreement is not applicable to employees employed by an employer as one of the following:
- Adviser to teachers
- Speech language therapist
- Occupational therapist
- Community worker
- Pre-school worker
- Ground-staff worker
- Building maintenance worker
- School transport driver
- After school carer
- Study centre worker
- Kaiarahi i te reo
- Assistant to Teachers of Students with Severe Disabilities (ATSSD)
- Special Education Assistant
- Hostel worker
- Residential or domestic services employee in a special school (excluding Blind and Low Vision Education Network NZ employees)
- Residential social worker
- Careers advisor
- Guidance counsellor
- Community education/learning centre tutor
- Community education personnel who are funded by Ministry of Education allocated tutor hours
- Tuck shop or canteen employee (other than a manager responsible for other staff appointed after 1 January 2008).
1.3.4 This agreement is binding on those employees who are or who become members of NZEI or E tū.
1.4 Variation of agreement
1.4.1 The parties agree that the terms and conditions in this agreement may be varied at any time by written agreement between NZEI and E tū and the Secretary for Education acting under delegation from the State Services Commissioner made pursuant to section 23 of the State Sector Act 1988.
1.5.1 Employees who at 30 August 1992 had conditions in excess of those provided for in this agreement in respect of:
- Long Service Leave;
- Retirement Leave;
- Resigning Leave; and
- Maternity Grant
in accordance with the previous applicable contract agreement, NZ Support Staff in Schools Composite (DOC 2646), will continue to be eligible for these entitlements. These provisions are available at http://www.education.govt.nz/school/working-in-a-school/other-staff/support-staff/ [PDF, 56 KB].
1.6 Interpretation and definitions
1.6.1 Unless otherwise specified, terms in this agreement will have the same meaning as the Employment Relations Act 2000 and other relevant legislation.
1.6.2 “Employee” means a person to whom this agreement is applicable under clauses 1.3.2, 1.3.3 and 1.3.4.
1.6.3 “Employer” means a board of trustees (or Commissioner if applicable) of a state or integrated primary, intermediate, secondary or composite school, as defined in the Education Act 1989. It does not include the Board of Trustees of Te Aho o Te Kura Pounamu.
1.6.4 "Actual weekly hours” means the hours per week an employee is normally employed for.
1.6.5 "Earnings to be annualised” means the employee’s hourly rate multiplied by the employee’s actual weekly hours multiplied by the number of weeks in the ensuing annualisation year for which the employee shall be employed; plus
- the annual leave to which the employee is entitled; plus
- payment of relevant daily pay for the public holidays and additional paid holidays during the ensuing calendar year which are observed on days of the week on which the employee normally works.
Note: For clarity this includes any public holidays that are observed during term breaks and which fall on a day of the week on which the employee normally works. The parties acknowledge that payment of public holidays at the annualised rate as part of the arrangements described in this appendix is not a breach of the Holidays Act 2003.
- The employee and employer may agree to include the first aid allowance (clause 5.3) and/or qualifications allowance (clause 3.10), where the employee has an entitlement, in an annualisation calculation.
- The following allowances must not be included in an annualisation calculation and shall be paid only as prescribed by the collective agreement:
- Motor vehicle allowance (clause 5.1);
- Protective clothing allowance (clause 5.2)
- Dirty work allowance (clause 5.4);
- Overnight allowance (clause 5.5);
- Meal allowance (clause 5.6).
1.6.6 “Annualisation year” means the twelve month period commencing 31 January and ending 30 January the following year (inclusive of both dates).
1.6.7 “Weekly earnings” in relation to:
- clause 10.2.12(a)(i); or
- any paid parental leave entitlement in accordance with section 71T of the Parental Leave and Employment Protection Act 1987; or
- any entitlements under the Injury Prevention, Rehabilitation, and Compensation Act 2001
means the employee’s hourly rate multiplied by the employee’s actual weekly hours.