Te Aho o Te Kura Pounamu Early Childhood Teachers' Collective Agreement
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Part Two: Terms of Employment
Te Aho o Te Kura Pounamu Early Childhood Teachers’ Collective Agreement
Effective: 1 December 2022 to 30 November 2024
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2.1.1 Advertising positions:
- All positions of at least one year’s duration must be advertised nationally. Except that where a permanent unit is to be allocated but there is no vacancy attached to that unit, the employer shall advertise internally the roles and responsibilities attached to the unit.
2.1.2 Permanent positions:
- All part-time and full-time positions shall be permanent unless identified as being fixed term in accordance with clause 2.3.
2.1.3 Appointment criteria:
- Attention is drawn to the Education and Training Act 2020 insofar as it provides that the person best suited to the position shall be appointed. In applying that provision the employer will have regard to the experience, qualifications and abilities relevant to the position and such other relevant matters as it determines.
- Employers are required to make available to all applicants on request details of the duties to be carried out and the criteria being adhered to in making that appointment.
- Equal employment opportunities principles shall be applied and demonstrated in appointments procedures. The intent of these principles is to provide equal access and consideration and equal encouragement in areas of recruitment, selection, promotion and career development. These principles are to be applied to enable people to pursue their careers without their chances being reduced by factors which are irrelevant to the requirements of the position under consideration.
2.1.4 Letter of Appointment:
- The employer will advise the teacher in writing of their starting salary (including any units) and the nature of the position, i.e. fixed term or permanent. Where the appointment is fixed-term the letter of appointment will need to state the way in which the employment will end, and the reasons for his or her employment ending in that way, in accordance with 2.3.
2.2 Job Sharing
Note: Teachers may also refer to Flexible Working Arrangements and changes to contracted working arrangements - Procedures for staff. www.intranet.correspondence.school.nz/policies-and-procedures/policy-framework/staff-procedures.
2.2.1 Teachers may apply to job share in the following situations:
- Any two teachers may jointly apply for appointment to an advertised position and be assessed as one applicant. On appointment the position would be a shared position.
- On the joint application of two permanent teachers the employer may appoint the two applicants to a shared position without advertising a vacancy.
2.2.2 If one of the joint holders subsequently resigns or retires, Te Kura may:
- appoint the other holder to the position on a full time basis without advertising the position.
- with the agreement of the remaining joint holder, appoint a new sharer to establish a new permanent shared position. The new sharer may be any teacher already permanently appointed in Te Kura, or a teacher from outside of the permanent staff.
- offer the remaining teacher the right to be permanent part-time.
- convert the position back to an individual, full-time permanent position. If the remaining joint holder declines to take up the full time position then the employer may advertise the position for a new appointment.
2.2.3 A job sharer’s salary is paid on a pro rata basis. Increments shall be as for full-time teachers. Job sharers are entitled to:
- leave on the same basis as permanent full-time teachers.
- sick leave as if permanent full-time. Entitlement is based on length of service, irrespective of hours worked. Deductions from the entitlement shall only be made on days of absence that would otherwise be working days.
2.3 Fixed Term Employment
2.3.1 An employee and an employer may agree that the employment of the employee will end:
- at the close of a specified date or period.
- on the occurrence of a specified event.
- at the conclusion of a specified project.
2.3.2 Before an employee and an employer agree that the employment of the employee will end in a way specified in subclause 2.3.1 the employer must:
- have genuine reasons based on reasonable grounds for specifying that the employment of the employee is to end in that way.
- advise the employee of when or how his or her employment will end and the reasons for his or her employment ending in that way.
2.3.3 The following reasons are not genuine reasons for the purpose of subclause 2.3.2:
- To exclude or limit the rights of the employee under the Employment Relations Act 2000(external link).
- To establish the suitability of the employee for permanent employment.
- to exclude or limit the rights of an employee under the Holidays Act 2003.
2.3.4 Fixed term teachers may be employed:
- as relievers 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.
- as short-term relievers where the period of engagement does not exceed three school weeks.
- to carry out specific assignments or to meet fluctuations in the normal workload.
2.3.5 Fixed term teachers will not be entitled to the redundancy provisions in this agreement.
2.4 Hours of Work
2.4.1 It is acknowledged that teachers are required to undertake such duties as:
- preparation, evaluation and assessment time generated by classes and students within them, or by other requirements such as the need to report on the progress of individual students;
- support of students, whānau, parents and caregivers;
- administrative responsibilities of individual teachers;
- attending courses and meetings;
- professional development;
- participating in the extra-curricula programmes of Te Kura;
in addition to their normal class/student contact time, and these factors have been taken into consideration in determining the teachers hours of work and leave entitlements.
2.4.2 Teachers will be expected to complete some of their duties on-site and some of their duties off-site.
2.4.3 In order to carry out their duties in terms of this Agreement it may be necessary for teachers to work for more than 40 hours per week. The normal hours of work for teachers however should, as far as practicable, not exceed 40 hours per week Monday to Friday.
2.4.4 Teachers are normally required to be present on the site for at least 35 of their working hours per week. Teachers should, wherever possible, be granted the opportunity of working flexible hours (i.e. teachers may vary their starting times between 7.00am and 9.00am, and their finishing times between 3.00pm and 6.00pm). This does not preclude the possibility of additional work off-site. A teacher who works flexible hours may be required to keep a record of attendance by the employer. Subject to public holidays, and authorised leave of absence, a teacher shall normally observe the hours of work as defined above, except that part-time teachers shall observe such on-site hours as are agreed with the employer.
2.4.5 A lunch break of one hour is to be taken generally between the hours of 12.00 noon and 1.00pm unless otherwise agreed. This lunch break is in addition to the normal hours of work defined in clause 2.4.
2.5 Service Recognition
2.5.1 Upon production of the relevant records from the previous employer, the following service as a certificated teacher (including service as a relieving and/or fixed term teacher) employed in a teaching position shall be recognised for salary purposes:
- Service in a New Zealand licensed early childhood service and/or in the Early Childhood Service of Te Aho o Te Kura Pounamu and/or in a New Zealand free kindergarten
- Service within a New Zealand state or state integrated school (including in Kura Kaupapa Māori education).
Any other service (e.g. overseas service) may be recognised for salary purposes.
2.6 Training and Professional Development
2.6.1 Te Kura recognises the importance of training and professional development and appropriate provision will be available in line with the current Learning and Development framework, policy and procedures.
2.6.2 Appropriate provision may include the granting of leave with or without pay in accordance with clause 6.10 Special Leave. The employer may also give consideration to reimbursing all or part of the course fees where such leave is granted.
2.6.3 Teachers who wish to engage in professional learning and development that is not required for the role but would enhance the learning outcomes for ākonga will have their case for leave and/or course fees considered through an application for Learning and Development Assistance.
2.6.4 The criteria that will be considered in an application for Learning and Development Assistance are:
- relevance to role
- link to improving student achievement
- contribution to costs and time by employee in comparison to request for costs and paid time off from Te Kura
- cost of and ability to cover requirements of the role (if time off is required)
- consideration of support previously supplied to the employee
- passing grade/successful outcome of study (where course fees are sought).
2.7 Good Employer/Equal Employment Opportunities
2.7.1 Attention is drawn to the Education and Training Act 2020 which outlines the responsibilities of the employer with regard to the operation of a personnel policy that complies with the principles of being a good employer and the equal employment opportunity responsibilities of the employer.
2.8 Privacy Act
2.8.1 Attention is drawn to the Privacy Act 2020 which outlines responsibility for the collection, storage and availability of personal information.
2.9 Human Rights Act 1993
2.9.1 Attention is drawn to the Human Rights Act 1993(external link) which prohibits discrimination on the grounds of:
- sex, which includes pregnancy and childbirth
- marital status
- religious belief
- ethical belief
- ethnic or national origins
- political opinion
- employment status
- family status
- sexual orientation