Te Aho o Te Kura Pounamu Early Childhood Teachers' Collective Agreement

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Email: employment.relations@education.govt.nz

Part One: General

Te Aho o Te Kura Pounamu Early Childhood Teachers’ Collective Agreement
Effective: 1 December 2022 to 2 July 2025

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  • 1.1 Name of Agreement
    • This Agreement shall be known as the Te Aho O Te Kura Pounamu Early Childhood Teachers’ Collective Agreement and referred to hereafter as the “Agreement”.

  • 1.2 Parties
    • The parties to this agreement shall be:

        1. the Secretary for Education acting under delegation from the Public Services Commissioner made pursuant to section 592 of the Education and Training Act 2020 and clause 6 of Schedule 3 of the Public Service Act 2020 and acting in accordance with section 586 of the Education and Training Act 2020.
        2. the New Zealand Educational Institute Te Riu Roa (“NZEI Te Riu Roa” or “the union”).
    • 1.3 Application
      • The Agreement is a Collective Agreement made pursuant to Part 5 of the Employment Relations Act 2000(external link) and shall be binding on:

          1. each employee who comes within the coverage clause and who is or becomes a member of NZEI Te Riu Roa.
          2. Te Aho O Te Kura Pounamu Board of Trustees (“Te Kura” or “the employer”).
    • 1.4 Coverage
      • This agreement covers work undertaken by teachers, as defined in 1.7 below, employed in the Early Childhood Service of Te Kura.

    • 1.6 Variations
      • The parties agree that the terms and conditions contained in this agreement may be varied at any time by written agreement between NZEI Te Riu Roa and the Secretary for Education, acting under delegation from the Public Services Commissioner. Any such variation agreed shall be binding on employees and the employer of those employees covered by this agreement in accordance with section 586 of the Education and Training Act 2020 and the Employment Relations Act 2000(external link).

    • 1.7 Definitions
      • The following definitions apply for the purposes of this agreement unless specified otherwise:

          1. “Teacher” means any person who is employed in a teaching position in the Early Childhood Service of Te Kura. Teachers must be fully certified, provisionally certified or certified subject to confirmation by the Education Council. For clarity this includes teachers who hold designated management responsibilities.
          2. “Reliever” means any teacher employed on a fixed term basis to replace a teacher who is absent from an established position. Such absence may be for any reason including leave, on assignment or acting in another position. More than one reliever may be employed to cover the absence.
          3. “Short-term Reliever” means any reliever employed for a period that does not exceed three school weeks.
          4. “Fixed-term Teacher” means a teacher employed on a fixed term employment agreement:
            1. as a reliever to replace a teacher who is absent from an established position, or
            2. to carry out specific assignments, or
            3. as a short-term reliever where the period of engagement does not exceed three school weeks, or
            4. to meet fluctuations in the normal workload.
          5. References to “any time when Te Kura is officially closed for instruction” in this agreement shall be deemed to mean the term breaks annually gazetted for composite schools.
    • 1.8 Declaration Pursuant to the Education and Training Act 2020
      • Pursuant to section 595 of the Education and Training Act 2020 the Secretary for Education acting pursuant to the delegated authority of the Public Service Commissioner has declared that all the conditions contained in this collective agreement are actual conditions of employment provided that the Secretary for Education may from time to time give approval to the salary rates or allowances being treated as minimum rates where there is agreement to this between the employer and any of its employees.

    • 1.9 Additional Payments
      • 1.9.1 The parties to this Agreement recognise the value in their ongoing and productive relationship, including their joint efforts to give effect to building an environment in which the teaching profession is highly regarded, sustainable, and is fit for now and the future of learning. Collective bargaining is a key part of those joint efforts.

        1.9.2 In recognition of the benefits arising out of the parties’ relationship, including NZEI Te Riu Roa’s role in negotiating terms and conditions for teachers, and the contribution of NZEI Te Riu Roa and its members make to the ongoing COVID-19 pandemic response, each full-time teacher who is a member of NZEI Te Riu Roa and is bound by this Agreement:

        1. as at 3 March 2023 will be paid a one-off gross payment of $750.

          The payment will be pro-rated for part-time teachers based on their full-time teacher equivalent (FTTE) on 3 March 2023.

          Short-term relievers, as defined in clause 1.7(c), bound by this Agreement and who are members of NZEI Te Riu Roa on 3 March 2023 will receive the payment based on the proportion of the total number of available working days in 2022 that were worked, provided at least 1 day of short-term relief teaching was worked in Term 4, 2022.  

          Teachers who are members of NZEI Te Riu Roa and are bound by this Agreement as at 3 March 2023, who on that day were on approved unpaid leave under Part 4 of Agreement, will receive the one-off gross payment of $750, on the 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 payment will be based on the calculation for the position that would have been applicable on 1 March 2023 had they not been on approved leave. 

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

        2. as at 1 December 2023 will be paid a one-off gross payment of $750, prorated for part-time teachers based on their FTTE as at 1 December 2023.

          Short-term relievers, as defined in clause 1.7(c), bound by this Agreement and who are members of NZEI Te Riu Roa on 1 December 2023 will be paid a prorated payment based on the total number of days worked between the start of Term 4, 2022 and 12 June 2023, provided at least one day of short-term relief teaching was worked for Te Aho o Te Kura Pounamu in Term 1 or Term 2, 2023.

        3. as at 1 December 2023, who on that day were on approved unpaid leave under Part 6 of this Agreement, will receive the one-off gross payment of $750, prorated for part-time teachers, on the return to their position providing that they return on or before the end of Term 1, 2024 or on or before the start of Term 1, 2025 for those on parental leave.

          A teacher may be eligible under more than one of the above categories. However, no eligible teacher will receive a total gross payment that is more than $750.

          A further $710 one off gross payment (the Teaching Council fee payment). Short-term relievers, as defined in clause 1.7(c), will receive the payment provided at least one day of short-term relief teaching was worked in Term 1 or 2, 2023. The Teaching Council fee payment is not pro-rated, but each teacher is only entitled to be paid it once. This means that if a teacher holds another teaching role(s) under coverage of this or another collective agreement, they will still only receive one Teaching Council fee payment. In such a case the Teaching Council fee payment shall only be paid to the teacher under the collective agreement binding the employee which is ratified first.

        Further payment – all employees

        1.9.3 Further one-off gross lump sum of $500 and $166 will be paid to all full-time teachers employed on 1 December 2023.

        Short-term relievers, as defined in clause 1.7(c), bound by this Agreement will be paid one-off gross payments of $500 and $166 prorated based on the total number of days worked between the start of Term 4, 2022 and 12 June 2023, provided at least one day of short-term relief teaching was worked for Te Aho o Te Kura Pounamu in Term 1 or Term 2, 2023. 

        Teachers on approved unpaid leave under Part 6 of Agreement on 1 December 2023, will receive the one-off gross payment of $500 and $166, on the return to their position providing that they return on or before the end of Term 2, 2024 or on or before the start of Term 1, 2025 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. 

        A teacher may be eligible to have the payment calculated under more than one category. However, no eligible teacher will receive a total gross payment that is less than $50 and $16 or more than $500 and $166. 

        Note: Clause 1.9 and the following guidance will be removed in subsequent collective agreements.

        Guidance based on the employment type and for teachers on leave

        Employment Type Lump Sum Entitlement (December 2023)
        Full-time teachers

        Union members employed as at 1 December 2023 will receive a one-off gross payment of $750 and $710.

        All teachers employed as at 1 December 2023 will receive the one-off gross payment of $500 and $166.

        Part-time teachers

        Union members employed as at 1 December 2023 will receive a pro-rated one-off gross payment of $750 based on their FTTE on 1 December 2023 and a one-off gross payment of $710.

        All teachers employed as at 1 December 2023 will receive a pro-rated one-off gross payment of $500 and $166 based on their FTTE on 1 December 2023.

        Short-term relievers

        Union members will receive a one-off gross payment of $500 based on the proportion of the total number of the available working days worked between the start of term 4  2022 and 12 June 2023 and a one-off gross payment of $710.

        All teachers will receive a one-off gross payment of $500 and $166 based on the proportion of the total number of the available working days worked between Term 4 2022 and 12 June 2023 provided that they have worked at least one day of day relief teaching in term 1 or term 2 2023.

        Mix of part-time teaching and short-term relieving Paid according to the proportion of each category of work (provided at least one day of short-term relief occurred during Term 4, 2023)

         

        Employment Type Union Member-only Lump Sum Entitlement (March 2023) Lump Sum Entitlement (December 2023)
        Scenarios Entitlement (March payment) Entitlement (December payment)
        Paid Leave Union members on approved paid leave on 3 March 2023, will receive the one-off gross payment as outlined above based on the type of their position for which the leave was granted Teachers on approved paid leave on 1 December 2023, will receive the one-off gross payment as outlined above based on the category of their position for which the leave was granted
        Unpaid Leave Union members on approved unpaid leave on 3 March 2023, will receive the one-off gross payment based on the category of their position for which the leave was granted, on their return to their position providing that they return on or before the end of Term 2, 2023 Teachers on approved unpaid leave on 1 December 2023, will receive the one-off gross payment based on the category of their position for which the leave was granted, on their return to their position providing that they return on or before the end of Term 2, 2024
        Parental Leave Union members on approved parental leave on 3 March 2023, will receive the one-off gross payment based on the category of their position for which the leave was granted on their return to their position providing that they return on or before the end of Term 4, 2023 Teachers on approved parental leave on 1 December 2023, will receive the one-off gross payment based on the category of their position for which the leave was granted on their return to their position providing that they return on or before the start of Term 1, 2025.
        Retired/resigned from teaching A teacher who resigns or retires from their position after 3 March 2023 but who was a union member and employed on 3 March 2023 will receive the one-off gross payment based on the category of their position from which they retired or resigned A teacher who resigns or retires from their position after 1 December 2023 but who was employed on 1 December 2023 will receive the one-off gross payment based on the category of their position from which they retired or resigned
        On leave with occasional short-term relief Teachers who are on unpaid leave on 3 March 2023, who have undertaken occasional short-term relief during 2022 and were a union member on 3 March 2023 will receive the payment based on the short-term relief worked as outlined above. If the employee returns from leave on or before the date specified for the leave type above, they may apply for an additional payment based on the category of their position for which the leave was granted less the payment already received Teachers who are on unpaid leave on 1 December 2023, who have undertaken occasional short-term relief during 2023 will receive the payment based on the short-term relief worked as outlined above. If the employee returns from leave on or before the date specified for the leave type above, they may apply for an additional payment based on the category of their position for which the leave was granted less the payment already received