Te Aho o Te Kura Pounamu Specialist and Support Staff Collective Agreement

4C.1.1 This Part 4C applies to employees who routinely undertake work described in the Teacher Aide Work Matrix Table set out in clause 4C.3.3 whether designated as a Teacher Aide or not.

4C.1.2 Unless expressly stated otherwise, the following clauses from Part 4 and Part 8 do NOT apply to employees to whom Part 4C applies: clause 4.1; clause 4.2; clause 4.3; clause 4.4, and for fixed term teacher aides (for whom 4C.11 applies): clause 8.1; clause 8.3; clause 8.4.

4C.2.1 The work of employees who routinely undertake work set out in the Teacher Aide Work Matrix Table, whether designated as a Teacher Aide or not, is covered by a pay equity claim settlement.

4C.2.2 The pay equity claim settlement agreed between the parties to resolve the pay equity claim was recorded in a Settlement Agreement which is available here https://www.education.govt.nz/school/people-and-employment/pay-equity/teacher-aide-pay-equity-claim/ and forms part of the terms of this collective agreement.

4C.2.3 The parties agree that the process undertaken and the information collated to assess and resolve the pay equity claim was suitable and sufficient for the parties to reach agreement on the claim.

4C.2.4 The parties agree that the Teacher Aide Pay Equity Claim Settlement Agreement is a full and final resolution of the Claim. The agreement reached reflected the parties view that it achieves pay equity and that there was no differentiation between male and female employees in the manner set out in section 2AAC of the Equal Pay Act 1972 at the time of settlement. Nor will any claim be made by either NZEI Te Riu Roa nor any employee covered by this agreement that any remuneration paid to any teacher aide is or was subject to any differentiation or undervaluation based on sex.

4C.3.1 The parties have agreed on a Teacher Aide Work Matrix Table for employees who, however designated or described, routinely undertake the work described in that table. The Work Matrix Table sets out the most common skills, responsibilities and demands that apply to teacher aides working within Grade A, Grade B, Grade C or Grade D. 4C.3.1 The parties have agreed on a Teacher Aide Work Matrix Table for employees who, however designated or described, routinely undertake the work described in that table. The Work Matrix Table sets out the most common skills, responsibilities and demands that apply to teacher aides working within Grade A, Grade B, Grade C or Grade D. 

4C.3.2 The employer will need to assess the regular and ongoing skills/demands/responsibilities of each teacher aide role so that the grade recognises the highest level skills/demands/responsibilities that are required for competent performance of the role. An employer will need to consider what makes up the majority of the role, and not things that are a one-off or isolated event. Teacher Aides do not have to do every activity in a grade in order to be placed in a particular grade.

4C.3.3 Teacher Aide Work Matrix Table

4C.4.1 The following pay rates will apply to all employees who routinely undertake work described in the Teacher Aide Work Matrix Table, whether designated as a Teacher Aide or not.

4C.4.2 Employers may treat the stated rates as minimum rates of pay and can agree an hourly rate above the maximum of the rate for each Grade specified in this table.

Notes:

• The minimum step for Work Matrix A is step A1

• The minimum step for Work Matrix B is step B-C1

• The minimum step for Work Matrix C is step B-C6

• The minimum step for Work matrix D is step D1

4C.5.1 The job description and/or written requirements for the role may be reviewed by the employer and teacher aide and may be updated as required by the employer following consultation with the teacher aide.

4C.5.2 Substantial changes to the job description and / or written requirements for the position may not be made until after the employer has consulted the teacher aide and endeavoured to reach agreement.

4C.6.1 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.

4C.6.2 Upon appointment, each teacher aide role must be placed in a Work Matrix Grade (A, B, C, or D) using the Work Matrix Table set out in clause 4C.3.3.

4C.6.3 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 Work Matrix Table in clause 4C.3.3, 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 | Te Tāhuhu o te Mātauranga guidance provided for this purpose.

4C.6.4 A teacher aide employed for two or more distinct positions, must be placed in the appropriate Work Matrix Grade for each position.

4C.6.5 A teacher aide’s pay rate can be at any point within the minimum and maximum rates of the applicable Work Matrix Grade as set out in the Teacher Aide Work Matrix Table in clause 4C.4.2. In determining the applicable pay rate the employer should also consider any particular skills and qualifications held by the teacher aide as well as any previous relevant paid or unpaid work experience.

4C.6.6 Where a teacher aide has previously been employed as a teacher aide in the education service , and the break in employment (including between employers) has been less than 12 months, based on information about their previous employment provided to the employer by the teacher aide, placement on appointment must take account of their previous service as follows:

a. 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.a. 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.

b. 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 teacher aide since they were last employed.

4C.7.1 Progression through steps within the minimum and maximum rates that apply to each Work Matrix Grade will occur on a teacher aide’s anniversary date each year, unless the employer considers that the teacher aide 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 teacher aide of this in writing no later than two months prior to the progression becoming due.

4C.7.2 Notwithstanding clause 4C.7.1 above, from 17 October 2022 teacher aides who on their anniversary date have been on the maximum step of Work Matrix Grade B-C step 5 for at least 12 months, will progress to step 6, unless the employer considers the teacher aide’s role remains solely within Work Matrix Grade B, and has informed the teacher aide of this decision in writing no later than two months prior to the progression becoming due, together with the reasons for that decision.

4C.7.3 A teacher aide, who has the right to representation at any stage, may request their employer reconsider their salary progression.

4C.8.1 A teacher aide’s hours of work are as detailed in the specific work assignment schedule appended to their letter of offer of employment.4C.8.1 A teacher aide’s hours of work are as detailed in the specific work assignment schedule appended to their letter of offer of employment.

4C.8.2 In general, these hours are worked during the school terms. However, with prior written approval from the Team Leader Learning Support or Regional Manager hours may be worked when the school is closed for instruction during term breaks if this is of benefit to the student.

4C.8.3  Teacher aides may be requested to work different patterns each week to suit the student and their parent/ supervisor as long as the total number of hours allocated to the student is neither reduced nor exceeded in each term. If such a request is made to meet the requirements of the student, then the employee must endeavour to meet those requirements.

4C.9.1 Except as provided for in clause 4C.10, each time the hours of work and the weeks worked per year for permanent teacher aides are fixed by the employer, they shall be fixed by written advice to the employee for a minimum of twelve months. The hours of work and / or the weeks to be worked may be varied during the twelve-month period:4C.9.1 Except as provided for in clause 4C.10, each time the hours of work and the weeks worked per year for permanent teacher aides are fixed by the employer, they shall be fixed by written advice to the employee for a minimum of twelve months. The hours of work and / or the weeks to be worked may be varied during the twelve-month period:

a. where the employer and employee agree;

b. where the employer and employee do not agree, only after following the process in clauses 4C.9.3 and 4C.9.4 below. 

4C.9.2 The employer’s ability to vary the hours of work and / or weeks worked per year of a teacher aide will be restricted to a maximum variation of 25% of the hours and / or weeks the employee is currently employed to work in any 12 month period. For any variation in excess of 25%, the provisions of clause 8.3 will apply. The employer and employee may agree to vary the employee’s hours of work and / or weeks worked per year over and above the 25% maximum. Where this is by agreement, clause 8.3 will not apply.

4C.9.3 Consultation
Where the employer and permanent teacher aide do not agree to a variation to the hours of work and/or the weeks to be worked during the 12-month period, the employer will consult with the employee for a minimum of two weeks. The period of consultation between employee and employer will include discussions about the following:

a. Reasons for the variation

b. Whether the variation can be avoided or lessened

c. In the case of reduction of hours, whether that reduction can be absorbed by attrition 

d. In the case of increase in hours and/or weeks per year, whether that increase will create any difficulties for the employee

e. Whether in a reduction of hours there are alternative hours of work available in Te Kura, with terms and conditions no less favourable. This may involve retraining

f. In the case of reduction in hours of work, consultation on any amendments to deliverables within the job description which will take into account the reduction in hours applicable to the employee  

Any discussions during the period may involve others in the employee’s team or a support person from outside the employee’s team; provided that:

a. making arrangements for the support person to participate in discussions does not delay the start of the process unreasonably (e.g. by more than 72 hours), or the continuation of the process unreasonably (e.g. by more than 24 hours on any given occasion); and

b. both parties should be informed of who will be attending or any changes to who will be attending at least 24 hours ahead of any discussion.

Note: Support is available to both the employee and employer to provide advice and guidance if required. [NZEI Te Riu Roa and New Zealand School Trustees Assn] 

4C.9.4 If, following consultation detailed in 4C.9.3 above, the employer decides to vary the employee’s hours of work and/or the weeks to be worked during the upcoming 12-month period, the employer shall give the employee not less than one month’s written notice of the variation, prior to it coming into effect. The consultation period and notice period are separate, consecutive periods and must not overlap.

4C.9.5 Except in exceptional circumstances (e.g., where an employee is absent on long term sick leave) this notice shall be given at such a time as to ensure it covers a period during which the employee is paid and at work.  Any part of the notice period that falls during a period the school is closed for instruction for a term break will not count towards the one month’s notice.

4C.10.1 Fixed term appointment  

a. An employee and an employer may agree that the employment of the employee will end:

i. at the close of a specified date or period; or

ii. on the occurrence of a specified event; or

iii. at the conclusion of a specified project.

b. Before an employee and employer agree that the employment of the employee will end in a way specified in (a) above, the employer must:

i. have genuine reasons based on reasonable grounds for specifying that the employment of the employee is to end in that way; and

ii. 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.

c. The following reasons are not genuine reasons for the purposes of (b)(i) above:

i. to exclude or limit the rights of the employee under the Employment Relations Act 2000;

ii. to establish the suitability of the employee for permanent employment.

4C.10.3 Hours that have been agreed to be worked in a school term must be worked in that school term and may not be carried forward to the next school term, unless prior approval is obtained from the Team Leader – Learning Support or Regional Manager.

4C.10.4 The employer will require parents/caregivers to give the teacher aide at least 24 hours’ notice if the student will not be available at the agreed time. If the session cannot be rescheduled within a week the teacher aide shall be paid the hours they would otherwise have worked on that day. The employer may also make reasonable variations to the timing of the performance of duties from time to time.

4C.10.5 

a. A fixed term teacher aide whose position is funded by an external funding agency other than the Ministry of Education may have their hours or weeks of work varied at the completion of each three-month period from the date of appointment where that funding is varied by the external agency; or due to ākonga need. No hours shall be reduced under this provision before a reduction in funding by the external agency takes effect. Notice is provided to the employee of the variation as soon as this is known by the employer. The notice periods otherwise provided in this agreement shall not apply. 

b. Where the teacher aide and the employer agree, the hours of work and/or weeks to be worked may be varied during the three month period.

4C.11.1 Unless otherwise agreed, a fixed term teacher aide shall give the employer two weeks’ written notice of termination. If the employer terminates the employee’s employment before the end of the fixed term, the employer shall give the teacher aide two week’s written notice of termination, except in cases of serious misconduct which may warrant summary dismissal.4C.11.1 Unless otherwise agreed, a fixed term teacher aide shall give the employer two weeks’ written notice of termination.  If the employer terminates the employee’s employment before the end of the fixed term, the employer shall give the teacher aide two week’s written notice of termination, except in cases of serious misconduct which may warrant summary dismissal.

4C.11.2 Unless terminated earlier in accordance with this Agreement, a fixed term teacher aide’s employment will terminate on the termination date, on the occurrence of the specified event, or at the conclusion of the specified project set out in their letter of offer of employment. The specified event may be, for example:

a. The funding agent ceases to provide the funded hours for the student(s) referred to in the teacher aide’s letter of offer of employment; or

b. The student(s) referred to in the teacher aide’s letter of offer of employment becoming unavailable, which may occur due to, for example:

• the ongoing ill-health of the student, 

• the withdrawal of the student from the Te Aho o Te Kura Pounamu roll,

• irreconcilable differences between the student, parents/caregivers and employee,

• the parent or guardian elects not to continue to access teacher aide support, or

• a significant change of location of the student.

c. The above list is not intended to be fully exhaustive of all possible reasons for the unavailability of the student and consequent termination of employment. Additionally, the occurrence of such events will not always require termination of employment. Each situation will need to be evaluated on its own facts.

4C.11.3 Nothing in this Agreement shall be interpreted or understood to give a fixed-term teacher aide any expectation of continued employment after the fixed term employment has come to an end.

4C.11.4 Where a fixed-term teacher aide is absent from work for a continuous period exceeding three working days without the consent of the employer and without good cause or without notification to the employer they shall be deemed to have terminated their employment.

4C.11.5 A fixed-term teacher aide shall have no entitlement to redundancy compensation in relation to the termination or expiry of a fixed term employment where effected in accordance of the provisions of this agreement and section 66 of the Employment Relations Act 2000.