Primary Teachers' Collective Agreement
This document provides the terms and conditions of employment for teachers in state and state integrated primary schools in New Zealand.
The term of this collective agreement is 9 June 2016 to 8 June 2018.
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Appendix 4: Staff Reorganisation Staff Surplus Provisions
Primary Teachers' Collective Agreement
Effective: 9 June 2016 to 8 June 2018
We are making improvements to our Download to Print functionality, so if you want a printed copy of this agreement please download the PDF version of the Primary Teachers' Collective Agreement.
1 Definitions for the Purpose of this Appendix
1.1 “School reorganisation process” shall mean a process which is Ministry of Education initiated and/or approved by the Minister in which the future class, or designation, or structure of a school is being reviewed in conjunction with the future class, or designation, or structure of any other school or schools.
1.2 “Reorganising schools” shall be the schools determined by the Minister of Education in accordance with the State Sector Act 1988 section 77HA (3).
1.3 “Reorganised school” is the continuing school/s from the gazetted commencement date of reorganisation. This includes schools that have also decapitated or recapitated in addition to physically merging with another school or schools whether or not there is a change of class or designation.
1.4 “Class of school” shall mean ‘primary’, ‘intermediate’, 'secondary', 'composite' as defined in section 145 of the Education Act.
1.5 “Designation” shall mean ‘contributing, area, restricted composite, special character, or kura kaupapa Māori as defined in sections 148, 149, 150, 151, 152, 155 and 156 of the Education Act.
1.6 “Decapitation” shall mean where a primary school is redesignated as a contributing school or a composite school is reclassified as a secondary school or a primary school.
2 Purpose of the Provisions
2.1 These provisions recognise the unique processes applicable to staff employed in schools involved in school reorganisation processes. In all processes, the principles of the “good employer” as contained in Part VII of the State Sector Act 1988 shall apply.
The purposes of these provisions are to:
- Provide, as far as is possible, employment protection for employees involved in a school reorganisation process;
- Provide a process that facilitates a fair and orderly transition from existing to new arrangements;
- Ensure an appropriate management structure is in place to enable the reorganised school to function efficiently and effectively;
- Ensure continuity of curriculum delivery at the schools involved in a school reorganisation process and at the reorganised school;
- Ensure that as many employees as possible currently employed are re-assigned or re-confirmed to positions in the reorganised school/s;
- Ensure the curriculum, management and pastoral needs of the reorganised school are met.
2.2 For the purpose of the following clauses ‘employee’ shall mean a permanent employee of a school involved in a school reorganisation process and includes an employee who is subject to any staff surplus process that occurs as a consequence of the school reorganisation process.
3 Initiation of a School Reorganisation Process
3.1 The Secretary shall notify NZEI Te Riu Roa of the initiation of a school reorganisation process, and the schools involved in that process, as follows:
- Upon the Minister of Education’s announcement of a school reorganisation process; or
- At the date the Minister of Education approves an application for two or more schools to enter into a school reorganisation process.
4 Employment Protection During the School Reorganisation Process
4.1 All staff vacancies that arise at all schools involved in a school reorganisation process following the announcement as described in clause 3 above shall be filled with temporary appointments. However, if curriculum delivery is threatened, the employer may determine, in consultation with the Ministry of Education, that any such position may be made permanent, subject to any staffing limitations. This restriction applies until the completion of the reassignment/reconfirmation process and notification period, except as provided elsewhere in this Appendix.
4.2 Throughout the school reorganisation process and subsequent staff surplus process the employer shall attempt to meet any reduction required by the use of attrition. No school, identified as being a part of a school reorganisation process shall be required to undergo a staffing needs analysis until the completion of the school reorganisation process as described in this Appendix.
4.3 The provisions of this clause shall remain in place and apply to all schools involved in a particular school reorganisation process until the staff surplus process of all involved schools is complete.
4.4 Resource teachers attached to a school shall not be included in the school reorganisation process and employment will be continued, except as specifically identified by the Ministry of Education. The Ministry of Education shall notify NZEI Te Riu Roa of any such exception immediately.
5 The Announcement of the Final Outcome of a School Reorganisation Process
5.1 At the conclusion of the school reorganisation process the Secretary shall announce the final class, designation or structure for the schools involved in the school reorganisation process.
5.2 The final announcement shall identify the schools as follows:
- Retained unchanged or recapitated.
- Decapitated but not reorganised.
5.3 Each identified school shall then proceed with a Staffing Needs Analysis in accordance with this Appendix.
5.4 In regard to the staffing needs analysis the provisions of clause 6 shall apply to closed or decapitated but not reorganised schools and the provisions of clause 7 shall apply to reorganised schools.
6 Staffing Needs Analysis for a Closure of a School or a Decapitated but not Reorganised School
6.1 Where a school closes no needs analysis shall be done and all employees shall be entitled to the provisions of clause 17 of this Appendix except where a school directly affected by the school reorganisation process has an equivalent position and this is offered to an employee.
6.2 Where a school is decapitated but not reorganised:
- the provisions of Part 9 of this Agreement shall be used to conduct the needs analysis.
- any employee(s) identified as surplus as a result of the needs analysis shall be entitled to the provisions of clause 17 of this Appendix except where a school directly affected by the school reorganisation process offers an equivalent position to an employee.
7 Staffing Needs Analysis for Reorganised Schools
7.1 The needs analysis shall determine the staffing structure for the reorganised school. This will be conducted by representatives of all the Boards which are being restructured, reclassified or redesignated to form the reorganised school/s (the joint schools’ committee). Where applicable this will include representation from the establishment Board of a newly created school.
7.2 This committee shall conduct a needs analysis in consultation with employees and NZEI Te Riu Roa.
7.3 The needs analysis shall analyse:
- The current staffing usage at the reorganising schools; and
- The subjects taught at each year level over recent years; and
- The likely curriculum, pastoral, and management requirements of the reorganised school(s); and
- The positions that will be allocated permanent units; and
- Position/s with permanent units, if any, that will be designated as assistant or deputy principal under clause 3.10.6 of this Agreement.
7.4 As a result of this process, draft staffing schedules shall be developed and made available to each employee, and to the nominee(s) of NZEI Te Riu Roa, for comment and feedback to the employer.
7.5 No less than ten (10) working days be made available for this feedback to occur before any further step is taken, unless otherwise agreed between the reorganised school and NZEI Te Riu Roa.
7.6 If there are alterations to these drafts, the amended versions shall also be made available for a further five (5) working days.
8 Expressions of Preference in Teaching Positions
8.1 When the new staffing structure is announced, the employer shall invite all employees of the reorganising schools to express a preference (or preferences) in writing, for a teaching position (or positions) at the reorganised school. For the purpose of this clause “employer” shall mean the continuing Board.
8.2 Employees shall have at least seven (7) days’ notice of the closing date for expressions of preference in the position(s) at the reorganised school.
8.3 The employer shall acknowledge in writing any expression of interest arising under this clause.
9 Voluntary Options
9.1 Following the announcement of the final staffing structure, the employer shall seek written expressions of interest in the following voluntary options. For the purpose of this clause “employer” shall mean the continuing Board.
- Redeployment/supernumerary employment of 40 (forty) school weeks at any of the reorganised school/s involved in the particular school reorganisation process (clauses 17.2–17.9);
- redeployment/supernumerary employment of 30 (thirty) school weeks in another school (clauses 17.2–17.9);
- Rretraining (clause 17.10);
- Long-service payment; (clause 17.11);
- Severance (clause 17.12).
The employer shall acknowledge in writing any expression of interest arising under this clause.
9.2 Employees may continue to volunteer for the options without prejudice or withdraw from them at any point following the announcement of the final staffing structure, providing the employer has not already accepted the offer in writing.
9.3 The employer shall not be bound to agree to any voluntary offer. The employer’s decision shall be final.
10.1 For the purpose of the clauses below:
- ‘Reconfirmation’ shall mean the process whereby employees without permanent units are transferred to suitable positions at the reorganised school. A suitable position is one which has similar duties and/or for which the applicant is appropriately qualified and experienced or could become so with reasonable access to re-training.
- ‘Reassignment’ shall mean the process that applies to equivalent positions in the reorganised school.
- ‘Equivalent position’ shall mean employment in an equivalent position, in relation to the employee’s previous position, that is:
- generally similar in role, duties and status; and
- requires similar qualifications, training, skills and experience but may have a different title/or unit allocation; and
- is in the same general locality; and
- is on terms and conditions of employment that are no less favourable than those that applied to the employee immediately before the offer of employment.
- Merit means the most suitable person and primarily includes assessment of qualifications, training, skills and experience.
10.2 Where any employee directly affected by a school reorganisation declines the offer of reconfirmation or reassignment to an equivalent position in a reorganised school, that employee’s employment shall be terminated without further compensation pursuant to State Sector Act 1988 section 77HA.
11.1 The employer shall reconfirm (as defined in clause 10.1(a) above) employees to suitable positions at the reorganised school.Reconfirmation may be to an employee’s preferred position or to a position for which they are appropriately qualified and experienced.
11.2 Where there are two or more employees eligible for re-confirmation to a single position, the employer shall reconfirm the most suitable candidate(s) based upon merit.
11.3 Employees who are not reconfirmed in a position in which they have expressed interest at the reorganised school may, by mutual agreement, be reconfirmed in any vacant position for which they could become suitable with reasonable access to retraining.
12.1 If an employee expresses a preference for a position that is determined to be the equivalent of his/her current position, and she/he is the only suitably qualified and experienced employee for that position, she/he shall be reassigned to that position, subject to the provisions in this section.
12.2 Employees may be reassigned to the employee’s preferred position or to a position for which they are appropriately qualified and experienced.
12.3 Where there are more employees in positions that are equivalent, than there are such positions at the reorganised school, the employer shall seek internal applications for the position(s) from those employees and shall reassign the most suitable candidate(s) based upon merit.
12.4 The number of units held by an employee shall not on its own give a greater or lesser entitlement to an equivalent position at the reorganised school.
12.5 Employees who are not appointed to an equivalent position at the reorganised school may, by mutual agreement and consistent with the reassignment process above, be appointed to any vacant position for which they could become suitable with reasonable access to retraining.
12.6 An employee who was designated as an Assistant/Deputy Principal at a reorganising school and who is not appointed to a position with an Assistant/Deputy Principal designation as a consequence of the reassignment process, may elect to access the provisions in clause 17 of this Appendix except as provided in clause 10.2.
12.7 In a situation where an employee accepts a position or reassignment to a position with lesser remuneration (i.e. salary plus units) the provisions of clause 15 shall apply.
13 Unfilled Positions
13.1 The purpose of these provisions is to provide opportunities for employees directly affected by the closure of their school to gain employment in the reorganised school. The final decision to make any or all appointments, to the vacant positions, lies with the Board of the reorganised school.
13.2 At the completion of the reconfirmation and reassignment processes described in clauses 11 and 12 above, every unfilled position in the reorganised school shall, in the first instance, be advertised in all the other schools which are identified as being part of the school reorganisation process in accordance with clause 3.1 of this Appendix and section 77 HA 3 of the State Sector Act 1988 and which are being closed as a result of that process.
13.3 Employees whose positions were disestablished at any other school which is identified as being part of the school reorganisation process as described in clause 13.2 and is being closed as a result of that process, may seek appointment to any position advertised at the reorganised school.
13.4 Where there are unfilled positions in a reorganised school and where there are applicants from the closing school, the Board of the closing school may nominate a parent member of its Board to participate in the appointment process except for the decision making process.
13.5 Employees whose positions were disestablished at any other school which is identified as being part of the school reorganisation process and is being closed as a result of that process may, by mutual agreement, be appointed to any vacant position for which they could become suitable with reasonable access to retraining.
13.6 Where the employer makes an offer of an equivalent position as defined in section 77HA (2) of the State Sector Act 1988 to an applicant from the closed school and that applicant chooses not to accept the offer, section 77HA of the State Sector Act 1988 applies whether or not the employee applied for the position.
13.7 If, at the completion of the processes described in clauses 13.1–13.6 above, any position or positions remain unfilled, they may be advertised externally.
14 Notice and Disestablishment of Positions
14.1 Any employee who is not reconfirmed or reassigned shall be deemed to have had their position disestablished and clause 17.1 shall apply.
14.2 A minimum of two months notice shall be given of all positions which are to be disestablished.
14.3 Employees whose positions are disestablished, and who have not already identified voluntary options, shall be offered the options identified in clause 17.1 at least two months before the effective date of disestablishment.
14.4 If, during the two-month notice period, a suitable permanent position arises at the reorganised school or any of the schools involved in the merger process, the employee may seek appointment to that position and if he/she is suitably qualified and experienced he/she shall be appointed to that position.
14.5 The options identified in clause 17.1 shall be available at the date of disestablishment.
14.6 If no staff surplus option is elected by the employee by the effective date of disestablishment, the employee will be deemed to have redeployment/ supernumerary status in the reorganised school.
15 Units and Salary Protection for Teachers
Note: For the purpose of this clause ‘full salary’ shall mean base salary plus units.
15.1 All holders of permanent units who are reconfirmed or reassigned to positions at the reorganised school that have less units, and/or represents the loss of Assistant or Deputy Principal designation shall have full salary protection for one year from the date of disestablishment of those units and/or loss of designation.
15.2 Fixed term units already allocated to employees prior to the announcement of the initiation of a school reorganisation process described in clause 3 shall continue until the agreed expiry date of those units where the employee is reconfirmed or reassigned at the reorganised school.
15.3 Attention is drawn to clause 3.10.1 of this Agreement, which requires the employer to consult with teachers in developing a policy to determine the use of units.
16 Reduction of Hours for Permanent Part-time Teachers
16.1 A permanent part-time teacher who is offered a position with reduced hours at the reorganised school may elect either:
- That the position has been disestablished and the provisions of clause 17 shall apply; or
- To accept the position in which case a partial redundancy payment will be payable by the employer.
16.2 Partial redundancy compensation will be calculated on the basis of applying the severance pay formula described in clause 17.12 of this Appendix to the reduction in salary rate between the two positions. This compensation shall be paid as an allowance over the number of weeks of entitlement. Should the employee’s salary rate increase over this period the allowance will be reduced or removed accordingly.
17 Staff Surplus Entitlements in Reorganising Schools
Note: the provisions in this clause are not in addition to the staff surplus provisions in Part 9 of this Agreement.
17.1 Employees in a disestablished position are entitled to elect one of the following options:
- Redeployment/supernumerary –
During this time the employee shall continue to seek a suitable alternative position; or
- be redeployed for 40 school weeks within the reorganised school, or
- be redeployed for 30 school weeks at any other school requested by the employee with the approval of the original Board and of the Board of that other school; or
- where the employee has been directly affected by their school’s closure, be redeployed for 40 school weeks in any other school requested by the employee with the approval of the Board of that other school.
- Retraining - undertake a suitable course of retraining approved by the Secretary, for 30 school weeks which enhances or upgrades the employee; or
- Long service payment as per clause 17.11; or
- Severance payment as per clause 17.12.
17.2 The following redeployment/supernumerary procedures shall apply to a permanently employed employee who is redeployed under clause 17.1(a).
17.3 The employer shall assist the employee to find a suitable alternative position and will meet the reasonable costs of attending relevant interviews.
17.4 Where an employee elects redeployment under clause 17.1(a) and a position at the same or lower level becomes vacant at the school at which the employee is redeployed, the employee shall be offered the vacant position unless the position is either a Māori immersion teacher or special education teacher position requiring skills not possessed by the employee.
17.5 Where an employee declines placement under clause 17.4 at the same level or declines a reasonable offer of appointment at the same or higher level from another Board, that employee’s employment shall be terminated without further compensation.
17.6 An employee may, during their period of redeployment, subject to agreement between the employee and their employer, undertake a defined special project(s) of work.
17.7 At the end of the period of redeployment if a permanent position has not been secured the employee’s employment shall be terminated. If the employment is likely to be terminated in these circumstances the Board of Trustees shall advise the employee in writing of this not less than one month before the expiry of the period of redeployment.
17.8 If a transfer of location is involved, employees employed under clause 17.1(a) may elect to be reimbursed removal expenses according to Part 6 of this Agreement in one or another but not both of the following circumstances:
- Where the employee transfers to another school to continue employment pursuant to clause 17.1(a); or
- Where the employee transfers to a school where they have been appointed to a new permanent position.
17.9 Upon termination of the supernumerary period as per clause 17.1(a)(i) or clause 17.1(a)(iii), employees who complete their supernumerary period and have yet to secure a permanent position in another state or state-integrated school, will retain an entitlement to removal expenses as per Part 6 of this Agreement for a period of 12 months from the cessation of their supernumerary employment. This entitlement will cease on permanent appointment to another teaching position in a state or state-integrated school.
17.10 The following shall apply to an employee who is retraining under clause 17.1(b):
- There is no requirement on the employer to meet any costs and expenses of training, including course fees.
- At the end of the period of retraining if a permanent position has not been secured the employee’s employment shall be terminated. If the employment is likely to be terminated in these circumstances the Board of Trustees shall advise the employee in writing of this not less than one month before the expiry of the period of retraining.
17.11 An employee may elect to receive Long Service Payment in accordance with clause 17.1(c). To be entitled to a long service payment the employee must have not less than twenty five years service. The payment will be based on the following table at the time of termination.
Length of Service Weeks of Payment Over 25 and up to 30 years 25 weeks Over 30 years 30 weeks
17.12 An employee may elect to receive a severance payment in accordance with clause 17.1(d). Severance is to be paid based on the following table:
Length of Service Weeks of Payment (Ordinary Pay) Up to 3 years 7 weeks Over 3 and up to 5 years 15 weeks Over 5 years 23 weeks
17.13 Payment of long service payment or severance under clauses 17.11 or 17.12 is subject to the following provisions:
- Where an employee who has received a long service payment or severance commences permanent employment in a state or state-integrated school within a number of weeks which is less than the number of weeks of payment received under clauses 17.11 or 17.12 the employee shall refund the difference between the number of weeks for which they were without employment and the number of weeks for which severance or long service payment was received;
- Payment under this provision is conditional on the employee finishing on an agreed date. Where the employee resigns her/his position or is appointed to another permanent teaching position in a state or state-integrated school before the date of payment, no payment will be made;
- Any employee receiving the long service payment or severance payment will be deemed to have been paid in full for service to that date for the purpose of calculating service for any future sick leave, severance, or long service payment entitlements. Provided that an employee who is subject to clause 17.13(a) shall receive pro rata reinstatement of these service entitlements;
- For the purpose of these provisions ordinary pay is defined as basic taxable salary plus regular taxable allowances paid on a continuous basis as at the effective date that the surplus staffing takes effect. For employees on leave without pay, ordinary pay shall be the ordinary pay at the time of taking leave.
17.14 For the purpose of clauses 17.11 and 17.12 “service” is defined as the aggregate of all employment as a teacher in state or state-integrated schools and/or service as a trained and certificated teacher in the employment of a Free Kindergarten Association and any credit (to a maximum of five years credit) given for time spent on childcare pursuant to 3.5 of this Agreement.
- Redeployment/supernumerary –