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

Te Aho o Te Kura Pounamu Specialist and Support Staff Collective Agreement 2019-2021 - Dated 12 December 2019

This document sets out the agreed components of the settlement of the Te Kura Specialist and Support Staff Collective Agreement 2019-2021.

This agreement has been settled between the Secretary for Education and the New Zealand Educational Institute Te Riu Roa (NZEI Te Riu Roa). It shall be subject to ratification by NZEI Te Riu Roa members pursuant to section 51 of the Employment Relations Act 2000.

The terms outlined in this document are valid for ratification by NZEI Te Riu Roa provided ratification is confirmed and the new collective agreement is signed no later than 5pm on 17 December 2019.

1. Term
The Te Kura Specialist and Support Staff Collective Agreement 2019-2021 shall be effective from 17 December 2019 to 16 December 2021.

2. Remuneration
a) The following scales replace the scales at clause 4.2.

* Grade D rates are minimum rates above step 7.

The parties agree that the above increases will take effect from 12 December 2019, and 11 December 2020 respectively. Payment of the new 12 December 2019 rates will be implemented in March 2020.

b) Amend wording of Clause 4.2, as highlighted below:

4.2 SALARY LEVELS AND RATES

Jobs of similar responsibility, experience, skills and knowledge have been placed together in four different levels (A-D). Any new or significantly changed position will be evaluated and placed on the appropriate salary rate in the relevant salary level.

The incremental step range which operates in all salary levels (A-D) up to specific salary rates provides for annual salary progression based on achievement of reasonable satisfactory performance.

The range of rates range which operates in salary levels B, C and D provides for salary progression based on performance that consistently meets or exceeds the reasonable satisfactory performance level, as evidenced in the performance review.

Each level apart from level D has minimum and maximum salary rates for the designated positions listed in that level. Level D has no maximum above step 7. The level that applies to a specific position will be recorded in the job description for that position.

Employees shall not refuse reasonable requests to provide short term cover in a position in a different level from the employee’s own position where the employee has the required skills to do so.

3. Enhanced Flexible Work arrangements

Current wording in clauses 3.1 and 3.2 will be replaced by the following text

“3.1 Hours of Work
3.1.1 It is expected employees will work the hours they are contracted to work. The normal hours of work per week shall not exceed 40.

3.1.2 The hours of operation for Te Kura are Monday to Friday 7am to 6pm with core hours between 9.30am and 3.30pm.

3.1.3 Employees are expected to take a morning and afternoon paid break of ten minutes and a minimum of a half hour unpaid break for lunch during their working day. Anyone wanting to take more than a two-hour lunch break during the working day is expected to discuss this with their manager in advance.

3.1.4 An employee may be requested to start and / or finish work outside of the hours specified in clause 3.1.2 subject to mutual agreement.

3.2 Enhanced Flexible Work Arrangements
3.2.1 Te Kura recognises the importance of work life balance: flexibility is a valued way of meeting business and personal needs and enabling a balance of the two to be achieved.

3.2.2 Te Kura will work with staff to create an environment where flexible working arrangements are an accepted part of our culture.

3.2.3 An employee can request Enhanced Flexible Work Arrangements (as described in 3.2.4 below) from their manager. Employees cannot be required to adopt Enhanced Flexible Work Arrangements.

3.2.4 Enhanced Flexible Work Arrangements can be used to change:

• how work is done including job sharing
• start and finish times daily and flexibility in these as and when required
• how starting and ending work times are managed
• how work is managed in the workplace to help employees and Te Kura
• the location of work if delivery and operational requirements are not affected and are in line with relevant Te Kura policy.

3.2.5 It is expected that conversations will take place between managers and employees regarding the most suitable work arrangements resulting in mutual benefits for both parties. Managers have sole discretion to approve a request for Enhanced Flexible Work Arrangements due to operational requirements, though where declining a request an explanation will be given.

3.2.6 Approval for Enhanced Flexible Work Arrangements may be granted on a permanent basis, for a defined period or the based on completion of a particular project or projects.”

4. Increase to Overtime cap

The wording in clause 3.2.2 will be replaced as follows:

Current
3.2.2 The maximum an employee can earn in terms of salary and overtime is the maximum step of level B(iv). In the case of employees whose annual salary is the maximum step of level B(iv) or more no overtime payment shall be made. Time off in lieu may be taken at mutually agreed times on the basis of up to one hour for each additional hour worked.

New wording
3.2.2 The maximum an employee can earn in terms of salary and overtime is $71,170. In the case of employees whose annual salary is $71,170 or more no overtime payment shall be made. Time off in lieu may be taken at mutually agreed times on the basis of up to one hour for each additional hour worked.

5. Exclusion of Te Kura HR staff from coverage

The wording in clause 2.2 will be replaced as follows:

Current wording
2.2 “Employee” means a person employed by Te Kura who is engaged in specialist or support staff positions, with the following exceptions:

• Those employees who are considered members of the Senior Leadership Team and/or the fourth and upward tiers of management; and
• Those in positions reporting directly to members of the Senior Leadership Team; and
• Those in management positions who have responsibility for appraisal and performance management; and
• External teacher’s aides, which are those occupying positions created by discretionary allocation.

New wording
2.2 “Employee” means a person employed by Te Kura who is engaged in specialist or support staff positions, with the following exceptions:

• Those employees who are considered members of the Senior Leadership Team and/or the fourth and upward tiers of management; and
• Those in positions reporting directly to members of the Senior Leadership Team; and
• Those in management positions who have responsibility for appraisal and performance management;
• The following positions in the Human Resources Team: Senior HR Adviser, Senior Learning and Development Advisor and Payroll Lead; and
• External teacher’s aides, which are those occupying positions created by discretionary allocation.

6. Related Matters

An Individual Employment Agreement (IEA) will be promulgated by the Secretary for Education on the date the collective agreement is ratified (i.e. 17 December 2019).

The new pay rates will be effective from the date of promulgation for those employees who were employed on the day the IEA is promulgated, if the IEA is signed on or before 29 February 2020.

For employees who sign the IEA after 29 February 2020 the new pay rates will be effective from the date the IEA is signed by the employee.

7. Technical amendments

The parties have agreed on technical amendments as detailed in Appendix 1 to bring the collective agreement into conformity with relevant legislation.

These technical amendments relate to Parental leave, Bereavement/tangihanga leave, Annual Leave and Family violence leave.

Signed in Wellington on 12 December 2019

Alex Davies
Advocate
for NZEI Te Riu Roa

Tim Day
Advocate
for the Secretary for Education

Witnessed by
Lynn McKenzie
for Te Aho o Te Kura Pounamu (Te Kura)