Area School Teachers' Collective Agreement (ASTCA)

Part Two: Terms of Employment (ASTCA)

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This part of the agreement sets out the terms of a teacher's employment, including the appointment and resignation process, some time allowances for specific roles, conduct and competency process, surplus staffing provisions and more.

2.1 Good Employer/Equal Employment Opportunities [s.77A State Sector Act 1988] 
2.2 Appointments 
2.3 Teacher Competence 
2.4 Teacher Conduct and Discipline 
2.5 Conflict Resolution 
2.6 Personal Files
2.7 Re-Entry after Absence Due to Childcare 
2.8 Termination of Employment 
2.9 Medical Retirement 
2.10 Beginning Teacher Time Allowance 
2.11 Te Atākura Time Allowance 
2.12 Retirement Savings Scheme
2.13 Surplus Staffing Provisions 
2.13A Employment Protection Provisions 
2.14 Head of Department/Tutor Teacher Time Allowance
2.15 Specialist Teacher 
2.16 Start of Year
2.17 Kapa Haka Kura Tuarua
2.18 Overseas Teacher Time Allowance 
2.19 Professional Learning Days
2.20 Community-level Induction and Networking Programmes
2.21 Teacher-led Innovation Fund 

2.1 Good Employer/Equal Employment Opportunities [s.77A State Sector Act 1988]

2.1.1 Every employer bound by this agreement shall:

(a) Operate a personnel policy that complies with the principles of being a good employer; providing equal access and consideration and equal encouragement, in areas of recruitment, selection, promotion, conditions of employment and career development, for people to pursue their careers without their chances being reduced by factors which are irrelevant to the requirements of the position, for example, race, sex, sexual orientation, country of origin, marital status, family responsibilities, age, disability and HIV status;

(b) Make provision for:(i) good and safe working conditions; and

(ii) the impartial selection of suitably qualified persons for appointment;

(iii) take all reasonable steps to remove obstacles which may impact on the:

• aims and aspirations of Mäori people;

• employment needs of the Mäori people;

• need for the greater involvement of the Mäori people in the education service;

(iv) take all reasonable steps to remove obstacles which may impact on the:

• aims, aspirations and employment needs of women;

• aims, aspirations and employment needs of people with disabilities;

• aims, aspirations, employment needs and cultural differences of ethnic or minority groups;

(v) opportunities for the enhancement of the abilities of individual employees;

 

(c) Develop, publish and comply with an equal employment opportunities programme in accordance with the above, on a yearly basis.

2.1.2 Attention is drawn to the good employer provisions of the State Sector Act 1988. These provisions in this Act or any amendment or Act passed in substitution of this Act shall apply with particular regard to good and safe working conditions and opportunities for the enhancement of the abilities of individual teachers.

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2.2 Appointments

2.2.1 In appointing the person best suited to the position the board of trustees will have regard to the experience, qualifications and abilities relevant to the position and such other relevant matters as it determines. Good employer and equal employment opportunities principles and responsibilities shall be applied and demonstrated in appointment procedures.

2.2.2 Advertising and Appointments

(a) The following vacant positions or roles must be advertised in the Education Gazette at least 14 days before the date specified in the advertisement as the closing date for applications, and no appointment (provisional or otherwise) shall be made before that closing date:

(i) permanent full-time positions;

(ii) permanent part-time positions;

(iii) long-term relieving positions of more than one term;

(iv) fixed-term positions of more than one term;

(v) permanent Community Teacher (within school) roles, whether full-time or part-time.

Note: It is not necessary to advertise where, by the agreement of the board of trustees, an existing permanent full-time employee transfers to a permanent part-time position within the same school.

(b) A Community Teacher (across community) role is not required to be advertised in the Education Gazette but must be advertised within the Community. Where the appointment at the end of the initial fixed-term period of up to two years is renewed in accordance with clause 3.32.4, that renewal does not need to be advertised.

(c) A fixed-term Community Teacher (within school) role, of one school year or less, is not required to be advertised in the Education Gazette, but must be advertised within the school.

(d) In circumstances where clause 3.31 applies advertising in the Education Gazette is not required, but the role shall be advertised within the Community.

(e) The allocation of fixed-term units to an existing employee does not require the position held by the employee to be advertised.

(f) No person shall be appointed permanently to any position unless that person is eligible to be appointed to such a position in a state or integrated area school.

(g) 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.

(h) Part-time teachers’ hours of work shall be confirmed as follows:

(i) All part-time teachers shall have their hours of work confirmed in writing on appointment.

(ii) Any agreed changes to permanent hours of work will be confirmed in writing.

(iii) Any non-permanent hours of work that apply for a period of four weeks or more shall be confirmed in writing.

(i) Fixed-term teachers shall, in their letter of appointment, be advised when or how the employment will end and the reason for it ending in that way.

2.2.2A Fixed-term (non-permanent) employment

(a) Full-time and part-time teachers may be employed on a fixed-term (non-permanent) basis where the employer and the employee agree that the employee’s employment will end:

(i) At the close of a specified date or period; or

(ii) On the occurrence of a specific event; or

(iii) At the conclusion of a specific project.

(b) Before an employee and employer agree that the employment of the employee will end in a way specified in clause 2.2.2A(a), the employer must have genuine reasons based on reasonable grounds for specifying that the employment of the employee is to end in that way.

(c) The following are not genuine reasons for the purpose of clause 2.2.2A(b):

(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.

2.2.3 Job sharing appointments

(a) Where two people apply to share any advertised permanent full-time position and the employer is satisfied that the job share applicants are the best suited for appointment and that the arrangements for sharing the position are acceptable to it then the position shall be filled as a job share position and the applicants appointed.

(b) Teachers who are job sharing a permanent full-time position are entitled to the same terms and conditions of employment as permanent full-time teachers.

(c) Where a teacher who is job sharing resigns or is removed from the position the other teacher shall elect to:

(i) Take up the entire full-time position; or

(ii) Find another sharer acceptable to the employer for the same or different proportion of the time as previously.

(iii) With the agreement of the employer, continue employment as a permanent part-time employee, with either the same or different proportion of time.

(d) Where one teacher who is job sharing takes leave which entails absence for a period of time the other sharer shall:

(i) Elect to relieve in the vacant slot; or

(ii) Find another sharer acceptable to the employer who would be a reliever; or

(iii) Take leave also, in which case the employer may appoint a reliever.

(e) Where it is proposed to vary the agreed proportions of time in a position the job sharers shall give one month’s notice to the employer of their wish to do so, provided that no changes to such proportions of time shall be made without the consent of the employer.

(f) Where the holder of a permanent full-time position wishes to job share that teacher’s position and the employer is satisfied with the job share arrangements, and the teachers are suitable, they shall be appointed without advertising.

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2.3 Teacher Competence

2.3.1 The employer will provide reasonable opportunities for appropriate and effective professional development for all teachers.

2.3.2 Where there are matters of competence which are causing concern in respect of any employee (including failing to meet the professional standards as appropriate), the employee concerned shall be advised as early as possible. Questions of competency should be handled in a manner which protects the mana and dignity of the teacher concerned. The teacher shall be advised of his/her right to seek whanau, family, professional and/or union support in relation to matters of competence and to be represented at any stage. An appropriate assistance and personal guidance programme to assist that employee shall be put in place.

2.3.3 When this assistance and guidance has not remedied the situation, then:

(a) The teacher shall be advised in writing of the specific matter(s) in relation to the relevant section(s) of the professional standards, causing concern and of the ways that such concerns can be remedied. The teacher shall be advised of his/her right to consult their union and of the right to be represented at any stage of the process.

(b) The teacher is to be given a reasonable opportunity, normally 10 school weeks, to remedy the matter(s) of concern that have been identified. It is recognised that there may be circumstances where a timeframe of less or more than 10 weeks will be reasonable. The teacher is to be advised of the actual timeframe for the necessary improvement to be achieved and of the monitoring or guidance that will be provided.

(c) At the end of this timeframe an assessment is to be made whether or not the teacher has remedied the matter(s) causing concern. The process and results of any evaluation are to be recorded in writing by the employer, and sighted and signed by the employee.

(d) No action shall be taken on a report until the employee has had a reasonable time to comment (in writing or orally or both) to the employer.

(e) If a teacher has failed to remedy the matter(s) causing concern then s/he may be dismissed without notice and paid one month’s salary in lieu, or if a holder of units the teacher may be reduced in status if the circumstances warrant such a reduction rather than dismissal, or if appointed to a Community Teacher role under clause 3.31, 3.32 or 3.33, and the competency issues relate to that role, then the teacher may be removed from that role and lose the associated allowance if the circumstances warrant it rather than be dismissed from their substantive position.

(f) A copy of any report to the Education Council arising under clause 2.3.2 shall be made available to the teacher.

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2.4 Teacher Conduct and Discipline

2.4.1 Where a breach of discipline appears to have occurred, the employer shall determine whether disciplinary procedures should be initiated.

Where the employer considers it appropriate it shall make initial enquiries to establish whether the disciplinary procedures should be initiated.

In some cases, where the facts are clear and acknowledged, resolution may be achieved informally by discussion between the parties without the need for initiating the disciplinary procedures.

The teacher shall be informed of any allegation of a breach of discipline and of his/her right to consult the union and of the right to be represented at any stage.

2.4.2 Questions of conduct or discipline should be handled fairly in a manner which protects the mana and dignity of the teacher concerned. Teachers may seek whanau, family, professional and/or union support in relation to such matters.

2.4.3 When an employer decides to initiate formal disciplinary procedures against a teacher, the following principles are to be observed:

(a) The employer or its agents will advise the teacher in writing of the reason for the disciplinary procedures being initiated, invite the teacher to respond in writing, and advise the teacher of her/his right to request union assistance and/or representation at any stage.

(b) Before any substantive disciplinary action is taken, an investigation must be undertaken by the employer. The teacher is to be invited to attend any such investigation and to make a statement concerning the matter either personally or through a representative.

(c) Notwithstanding clause 2.4.3(b) above, if the employer is satisfied that the welfare and interests of any student attending the school so requires, the employer may, at any time before the matter has finally been disposed of, either:

(i) suspend the teacher (note: suspension would normally be on pay except in exceptional circumstances);

or

(ii) transfer the teacher to other duties.

(d) Where a breach of discipline is held to have occurred, the employer shall not impose a penalty on the teacher without first:

(i) giving the teacher the opportunity to make representations to it; and

(ii) taking into account any period of suspension already imposed.

(e) In the case of a finding of serious misconduct the employer may dismiss the teacher without notice.

2.4.4 Where a teacher has been suspended, and subsequently a breach of discipline is held not to have been proved, the teacher shall, unless the teacher has already resigned, be entitled to resume forthwith, teaching duties.

2.4.5 Where the teacher has been suspended without pay and subsequently the breach of discipline is held not to have been proved the salary withheld for the period of suspension shall be reimbursed.

2.4.6 If any penalty is imposed by the employer, the teacher must be advised of her/his right to pursue a personal grievance in terms of the employment relationship problem resolution provisions referred to in Part Eight of this agreement:

2.4.7 The following are examples of matters that may warrant disciplinary action. This is not an exhaustive list, nor is it intended that every such matter listed here must always be treated as a disciplinary matter. Each case must be assessed on its individual merits.

(a) disobedience of lawful orders or instructions;

(b) negligence, carelessness or indolence in carrying out her/his duties as a teacher;

(c) gross inefficiency as a teacher;
(d) misuse or failure to take proper care of school property or equipment in her/his custody or charge;

(e) absence from duty without valid excuse;

(f) conduct in her/his capacity as a teacher or otherwise which is unbecoming to a member of the teaching service.

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2.5 Conflict Resolution

2.5.1 Ngā Körero me ngä Tikanga

(a) Me tuku reta atu ki te kaimahi hei whakamārama atu i nga raruraru kua puta noa. Mehemea he pai ki te kaimahi räua tahi ko tona tumuaki, e ähei ana ki te whakahaere tonutia ngä whakaritenga i raro i ngā tikanga Māori.

(b) Anei ra ātahi momo tikanga hei köwhiringa mä rätou:

- he huihuinga kei te marae;

- he whakawhiti körero kanohi ki te kanohi;

- ka hui mai te whänau hei tuarä mö te katoa; ä

- ka hui mai ngä kaumätua kuia hei arahi hei tohutohu i rätou katoa;

(c) Mënā ka whakaaetia te kaimahi räua ko töna tumuaki ö râua kaihautü rānei, kia oti pai ai te kaupapa, mä räua mä ngä kaihautu ränei e hainatia ngä whakaaetanga i tühia. Makaia atu tëtahi kape o ngä whakaetanga nei ki te könae o te kaimahi.

(d) He māmānoa iho ënei whakawhiringa mehemea hiahia ana tëtahi taha kia waiho tārewa ake ngā tikanga Māori kia huri ke ia ki ëtahi (te katoa rānei) o nga whakaritenga, arä 2.3 me 2.4 e whai ake nei. Engari, mehemea ka huri kë atu i ngä tikanga Mäori, ehara tërä i te tino raruraru kia oti hë rawa ngä whakaritenga katoa. Ina hoki ka tahuri mai tëtahi taha ki ënei ki 2.3 me 2.4 i raro nei, me tuhituhi hei whakamärama ki tërä atu taha.

Discussions in a Māori Context

(a) The employee must be advised in writing of the specific matter(s) causing concern. The employee and employer may, depending on the nature of the complaint, agree to attempt to deal with a complaint by it being heard in a Māori context and manner.

(b) A Māori context and manner relates to the following:

- meetings can be held on marae;

- there is face to face engagement;

- there can be whanau support for all involved; and

- guidance and advice is often provided by kaumatua and kuia for all involved.

(c) Should the employee and employer, or their representatives on their behalf, agree to a resolution of the matter, then this shall be recorded in writing and signed by both parties and/or their representatives on their behalf. A copy of the agreement will be placed on the employee’s personal file.

(d) This is a discretionary option and either party may withdraw at any time, and nothing in this section prevents the employer or the employee deciding at any time that any or all of the procedures in clauses 2.3 and/or 2.4 will be used. Where either party decides to withdraw from this process, such a decision will not of itself give rise to any claim of procedural deficiency or unfairness. The decision to withdraw from this process and/or for the employer to use any or all of the procedures in clauses 2.3, and/or 2.4 will be notified in writing to the other party.

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2.6 Personal Files

2.6.1 The employer shall ensure that personal files are held in a secure place and that access to them is confined to authorised personnel and the employee concerned.

2.6.2 Personal file information transferred to any employer must be relevant to the employment/service needs of the employer.

Note: attention is drawn to the Privacy Act 1993.

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2.7 Re-Entry after Absence Due to Childcare

2.7.1 An employee who resigns from a permanent position to care for pre-school children may apply to re-enter the service under preferential provisions provided that:

(a) The absence does not exceed four years from the date of resignation or, five years from the date of cessation of duties to take up parental leave.

(b) The employee must:

- produce a birth certificate for the pre-school child;

- sign a statutory declaration indicating that absence has been due to the care of a pre-school child and paid employment has not been entered into for more than 15 hours per week during that absence (other than employment as day relief or a part-time teacher).

2.7.2 Where the employee meets all the provisions of clause 2.7.1 above and, at the time of application:
(a) has the necessary skills to fill competently a vacancy which is available in the profession; and
(b) the position is substantially the same in character and at the same or lower salary and grading as the position previously held, then the applicant under these provisions is to be appointed in preference to any other applicant for the position.

2.7.3 The period of preferential appointment expires six (6) months after the period in clause 2.7.1(a).

2.7.4 Absence for childcare reasons will interrupt service but not break it. The period of absence will not count as service for the purposes of sick leave or annual leave or any other leave entitlement.

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2.8 Termination of Employment

2.8.1 (a) The notice required to be given to a permanently appointed teacher who holds a position which was advertised shall be two months, and for such a teacher who holds such a position the notice to be given to the employer shall be two months, except where the teacher and the employer agree to a lesser period of notice from the teacher.

(b) Where an employer has dismissed an employee, except in cases of serious misconduct, the employer at their discretion may provide up to two months’ salary in lieu of notice. In cases of serious misconduct the provisions of clause 2.4.3(e) shall apply.

(c) Notwithstanding clause 2.8.1(a), where a long-term reliever’s employment is to terminate on the occurrence of a specified event they shall be entitled to one (1) month’s notice, or payment in lieu of the whole or remaining part of the notice on the occurrence of the event ie clause 2.8.1(a) does not apply.

(d) Except in the case of serious misconduct, where an employer dismisses an employee pursuant to clauses 2.3, 2.4 or 2.5 of this agreement, a short-term reliever shall work the full duration of time, event or project for which they are employed. No notice is therefore required by either party.

(e) The notice requirements in clause 2.8.1(a) do not apply where the Secretary for Education gives concurrence under medical retirement – serious illness.

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2.9 Medical Retirement

Note 1: A teacher who is eligible for medical retirement for terminal illness may elect to take retirement under the provisions for either serious illness or terminal illness but not both and will be entitled to one payment only.

Note 2: In the event that an employee deceases in service without activating or uplifting the medical retirement provisions outlined in medical retirement terminal illness or medical retirement serious illness, the estate of the employee shall have no claim on the medical retirement provision.

Note 3: When an employee has ceased to be a permanent employee the board of trustees may no longer approve medical retirement.

Terminal illness

2.9.1 A permanently appointed teacher may be granted medical retirement in circumstances where the teacher has a terminal illness which causes them to be incapable of continuing to work or returning to work.

2.9.2 In such circumstances, the employee shall provide to the employer evidence of their illness from the teacher’s registered medical specialist with a prognosis attesting to the incapacity to work both currently and in the future. The employer may request a further medical certificate from a registered medical practitioner nominated by the employer and will reimburse the cost where this is requested.

2.9.3 The employer shall, on receiving an application for medical retirement, take account of the information provided by the teacher when making the decision whether or not to grant the medical retirement. Where the information provided does not provide sufficient medical reasons to support the granting of medical retirement, the application can be declined.

2.9.4 Where the employer agrees to the medical retirement, the teacher is entitled to receive as a lump sum the greater of either:

(a) the balance of their unused sick leave entitlement as provided for in clause 5.1 of this agreement; or
(b) two months’ normal salary in lieu of notice.

Serious Illness

The following is a summary of the serious illness provisions which are detailed in full in Appendix 6. Where there is an intention to use these provisions then refer directly to Appendix 6.

2.9.5 A permanently appointed teacher, currently in service, may be granted medical retirement under this clause in circumstances where the teacher has a serious illness or serious injury.

2.9.6 A teacher is considered to be medically unfit for work by reason of serious illness if she/he is wholly or substantially unable to perform the duties of the position at the school and is unlikely currently or at any time in the foreseeable future to be able to return to work. An application for medical retirement must be supported by medical evidence.

2.9.7 Either the employee or the employer can initiate the medical retirement processes. Where the employer initiates, they must have reasonable grounds to do so.

2.9.8 If the employee is medically retired, they may choose one of the following options:

(i) A medical retirement payment of 13 weeks’ salary plus an additional week for every year’s service after 25 years. The maximum payment is 26 weeks’ salary. Any sick-leave taken in the four weeks leading up to the application to medically retire will be subtracted from the payment; or

(ii) Remaining on sick-leave until their entitlement is exhausted and the employer immediately appointing a permanent teacher to replace the medically retired teacher; or

(iii) Receiving the remainder of their sick-leave entitlement as a lump-sum payment. This payment does not attract any holiday pay.

2.9.9 There must be concurrence from the Secretary for Education before the employee may be medically retired under these provisions.

Note: Teachers considering medical retirement processes are advised to check out any implications of being medically retired on any retirement saving scheme or superannuation scheme they may contribute to.

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2.10 Beginning Teacher Time Allowance

2.10.1 Trained beginning teachers in their first year of a provisional appointment who are employed fulltime shall be an 0.8 charge against the school staffing entitlement but shall receive full salary and shall not have more than 20 hours of allocated duties during normal school hours each week. Trained beginning teachers in their first year who are less than full-time but who are employed for 0.5 or more of a full-time load shall receive 0.1 FTTE. These time allowances are for advice and guidance purposes.

2.10.2 Trained beginning teachers in their second year who are employed full-time shall be a 0.9 charge against the school staffing entitlement but shall receive full salary. These teachers shall receive 0.1 FTTE time allowance for advice and guidance purposes.

2.10.3 For clarity, the time allowances provided in clause 2.10 shall operate to reduce the maximum timetabled classroom teaching time specified in clause 4.2 of this agreement.

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2.11 Te Atākura Time Allowance

2.11.1 Te Atākura graduates trained in 1987, 1988, 1989, 1990, 1991 and 1992:

(a) Shall be allocated a time allowance of up to 0.5 FTTE as a special allowance for teachers trained under Te Atākura scheme for the use of their special skills in the areas of Taha Māori, of support for Māori students and for liaison between the school and the Māori community; and at least 0.5 FTTE from the school’s normal staffing entitlement.

(b) For clarity, these allowances are in addition to those provided under clause 4.2.

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2.12 Retirement Savings Scheme

2.12.1 Teachers are eligible to join Kiwisaver schemes in accordance with the terms of those schemes.

2.12.2 Employer or government contributions to retirement or superannuation schemes which are closed to new members (and include the Teachers’ Retirement Savings Scheme and the Government Superannuation Fund), shall continue in accordance with the terms of those schemes.

2.12.3 Where government or employer contributions are made to another retirement or superannuation scheme of which a teacher is a member, then that teacher is only eligible to receive employer or government contributions to a KiwiSaver scheme to the extent that those combined contributions equal the minimum KiwiSaver employer or government contributions. If the government or employer contributions made to another retirement or superannuation scheme of which a teacher is a member equal or exceed the full minimum KiwiSaver employer or government contributions, then that teacher is not eligible to receive employer or government contributions to a KiwiSaver scheme.

Note: Boards of trustees are obliged to enrol eligible new employees in a KiwiSaver scheme in accordance with the KiwiSaver Act 2006.

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2.13 Surplus Staffing Provisions

2.13.1 (a) Where, by reason of a reorganisation of, or a change in, the attendance at a school; or by reason of the closure, amalgamation or change of class of a school an employer is required to reduce the number of teaching positions or to alter the status of positions to which units are allocated, the position(s) to be disestablished or altered in status shall be determined in accordance with the provisions set out in this part and in Appendix 5. These provisions apply only to an employee appointed as a permanent area school teacher.

(b) Where, by reason of a merger of a school (including where applicable, a centre) an employer is required to reconfirm or reassign teaching positions, or to alter the status of positions to which units are allocated, or to reduce the number of teaching positions, the position(s) to be reconfirmed, reassigned, altered in status or disestablished shall be determined in accordance with the provisions set out in this part and in Appendix 4. These provisions apply only to permanently appointed employees.

2.13.2 Notice Period

Positions identified as surplus in the procedures set out in Appendix 4 and Appendix 5 will be effectively disestablished at the start of the next school year. In the period between notice of disestablishment being given and the effective date of disestablishment, the following provisions shall apply:

(a) Subject to clause 5.5 of Appendix 5, where an employee’s position is to be disestablished and where, before the effective disestablishment of that position takes effect, the roll increases sufficiently to justify its continuation at its current level, the notice of disestablishment will be withdrawn and the employee concerned shall continue in the position at the level which existed prior to the notice of disestablishment being issued unless that employee has, in the meantime, resigned or been appointed to another permanent position;

(b) Where, as a consequence of the closure of a school a replacement school is created, positions at the replacement school shall be advertised nationally in the Education Gazette and notice of intention to advertise shall be given to the board of trustees of the closing school. Teachers at the closing school may apply for the advertised positions. Selection shall be on merit with no automatic right to appointment. The entitlement to the options set out in clauses 2.13.3 and 2.13.4 applies where the employee does not secure a position in the replacement school;

(c) Where, in the case of the merger or change of class of a school as a consequence of the operation of clause 2.13.1, an employee applies for a permanent teaching position of equal or lower status for which s/he is suitable at the merged or reclassified school, then the provisions of clauses 4.5, 4.6, 4.7 and 4.8 of Appendix 4 shall apply. The entitlement to the options set out in clause 2.13.3 and clause 2.13.4 applies where the employee does not secure a position in the new school;

(d) Prior to the effective date of disestablishment of a position, the employer will support the employee’s finding a suitable alternative permanent teaching position either within or outside the school and will meet the actual and reasonable expenses of attending interviews at other schools where prior approval is given;

(e) Where an employee holds a position which is about to be disestablished and, before the effective date of disestablishment, the employee declines an offer of suitable permanent appointment at the same salary from the employer or applies for and declines an offer of appointment to a teaching position for which the employee is suitable from another board of trustees, the employee’s employment may be terminated from the effective date of disestablishment and no further compensation paid;

(f) Where an employee is appointed, under the provisions of this part, to a suitable permanent teaching position with another board of trustees and a transfer of location is involved, the employee shall be entitled to normal removal expense provisions provided that this entitlement shall be exercised for one transfer only.

2.13.3 Voluntary Options

Any employee (including an employee holding a job sharing position) whose position as a permanently appointed area school teacher is disestablished in accordance with Appendix 4 or Appendix 5 as a result of voluntary election or otherwise, has the following options available where applicable as provided for in Appendix 4 and Appendix 5 and clause 2.13.4 of this part. The options will become available at the date of disestablishment. The employee must advise the employer before the date of disestablishment which option s/he has selected. If no selection is made by this date the employee will be deemed to have supernumerary status. The options are:

(a) Supernumerary employment;

(b) Retraining;

(c) Severance payment (this option does not apply where the employee volunteers to be considered for disestablishment as set out in Appendix 5); and

(d) Long service payment.

2.13.4 The options set out in clause 2.13.3 shall have the meaning set out in this clause and apply in the following manner. The term ‘school weeks’ used in clause 2.13.4(1) and clause 2.13.4(2) below means those weeks forming part of the period during which in the normal course of events the school would be open for instruction.

(1) Supernumerary employment:

Supernumerary employment is employment for a period of up to thirty (30) school weeks. An employee whose position is disestablished as a result of voluntary election or otherwise who has either elected to be employed as a supernumerary teacher, or who has not taken up any of the other options set out in clause 2.13.3 before the date of disestablishment, shall be entitled to supernumerary employment in accordance with the following provisions:

(a) (i) the employee will continue to be employed at his/her existing salary for a period of thirty (30) school weeks from the effective date of the disestablishment of the position (normally at the beginning of term one of the following year);

(ii) in the case of school mergers the employee may elect to be employed at her/his existing salary for a period of forty (40) school weeks at the merged school or in any other school – provided that the board of trustees of that school gives consent – from the effective date of the disestablishment of the position and the provisions of clause 4.4.1(a) and clause 4.4.1(b) of Appendix 4 apply;

(iii) in the case of school closure the employee may be supernumerary for forty (40) school weeks in any other school provided that the board of trustees of that school gives consent;

(b) the employee may elect to take up her/his supernumerary employment at the same school or at any other school at the request of the employee and with the approval of the original employer and the board of trustees at the other school;

(c) the employer will encourage the employee to find a suitable alternative permanent teaching position and will meet the actual and reasonable expenses of attending interviews at other schools where prior approval is given;

(d) if during the supernumerary period the employee applies for a permanent position of equal or lower status for which s/he is suitable at the school or centre where s/he is employed at the time, s/he shall be appointed to, or in the case of a merger reconfirmed or reassigned to that position;

(e) the employee’s supernumerary employment shall cease upon the employee being appointed to a new teaching position or upon the employee choosing to resign or at the expiration of the applicable number of school weeks specified in clause 2.13.4(1)(a) from the effective date of the disestablishment of the position, whichever is the earlier;

(f) in the case of the closure, amalgamation or change of class of a school, the supernumerary period shall begin on the date of the opening of the new school, unless the employee takes up her/his supernumerary position at another school in terms of (b) above, in which case supernumerary status will begin from the effective date of disestablishment. Where a school is closed without replacement the employee is entitled to the options set out in clause 2.13.3;

(g) where a supernumerary teacher is appointed to a new permanent teaching position or is accepted for supernumerary employment at another school, and a transfer of location is involved, that employee shall be entitled to normal removal expenses provisions provided that this entitlement shall be exercised once only for each supernumerary period;

Note: Attention is drawn to clause 7.2.1 (g) of this agreement in relation to removal expenses

(h) where a supernumerary teacher declines an offer of suitable appointment at the same salary from the employer with whom s/he is employed at the time, or applies for and declines an offer of appointment from another board of trustees, the employee’s supernumerary status shall cease forthwith;

(j) during any period of supernumerary employment an employee is entitled to any salary increases or increments due.

(2) Retraining

Where an employee’s position is disestablished as the result of voluntary election or otherwise the employee may elect to take a course of study approved by the Secretary for Education that will enhance or upgrade the employee’s skills as a primary, area or secondary teacher, provided that:

(a) the employee will continue to be employed at her/his existing salary for a maximum period of forty (40) school weeks from the effective date of the disestablishment of the position (normally at the beginning of term one of the following year);

(b) the employee is employed as a supernumerary teacher during this period and has the rights and obligations of a supernumerary teacher except as specifically provided in this clause;

(c) there is no requirement on the employer to meet any costs and expenses of training, including course fees;

(d) the employee will provide evidence of attendance at the approved course of study where requested by the employer. The employer may make enquiries during the retraining period to establish that the employee is undertaking the approved course of study;

(e) where the approved course of study is for a shorter period than forty (40) school weeks the employee is required to attend the school as a supernumerary employee in periods when the school is open for instruction provided that where the approved course of study is less than the applicable period under clause 2.13.4(1)(a) supernumerary status from the effective date of disestablishment of the position shall not extend beyond that period.

(f) where the approved course of study commences later than the effective date of disestablishment, the employee is required to attend the school as a supernumerary employee in periods when the school is open for instruction, except in special circumstances approved by the employer;

(g) where the employee chooses to withdraw from the course before its completion, further employment shall cease, except where the employer and the Secretary for Education agree that there was just cause for the withdrawal, the employee shall return to the school as a supernumerary for the remainder of the retraining period.

(3) Severance Payment

When an employee’s position is disestablished as a result of the application of the provisions in Appendix 4 or in clause 5.3 of Appendix 5, the employee may elect to be paid a severance payment provided that:

(a) the employee will be deemed to have supernumerary status for the period after disestablishment until severance payment is paid. This period will usually be that between the beginning of the next school year and the first (1st) of March census of the school roll. During this period, the rights and obligations of a supernumerary teacher will apply;

(b) where a school is closed without replacement at the end of a school year the employee shall receive a salary for the supernumerary status up to 1 March. The severance payment shall be paid in the pay period immediately after 1 March. An employee may request to be paid the severance payment prior to 1 March (although no earlier than the end of the school year) and in these circumstances the payment for the supernumerary period shall be for the period between the end of the school year and the date of payment of the severance payment.

(c) payment under this clause will be made in accordance with the provisions below. 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 of disestablishment of the position. For employees on leave without pay, ordinary pay shall be the ordinary pay at the time of taking leave;

(d) an employee whose position is disestablished who elects to take a severance payment shall be paid according to the table below:  

Length of Service  

Weeks of Payment (ordinary pay)

Up to 3 years

7 weeks

Over 3 years and up to 5 years        

15 weeks

5 years and over

23 weeks

(e) for the purposes of calculating length of service for clause 2.13.4(3) and clause 2.13.4(4) only service as a teacher in a state or integrated school shall be counted. Non-permanent part-time service shall be calculated on the basis that 80 hours equals one month’s service and 1000 hours equals one year’s service. Where non-permanent part time service consists of 20 or more hours per week it may be credited as full time service. For the purposes of this clause service includes service credits for childcare where an employee resigned or took leave to care for her/his children, on the basis of one third credit for each year of such leave up to a maximum of five years credit;

(f) where an employee, having received a severance payment, commences permanent employment within a number of weeks which is less than the number of weeks of payment received by the employee as a severance payment under clause 2.13.4(3)(c) above, 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 payment was received.

Provided: that for the purposes of this clause, employment means employment as a teacher in a state or integrated school or employment as a manual training teacher in an approved manual training establishment;

(g) any employee receiving the 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;

(h) pay for employees shall be defined as:

(i) for full time employees, “Weekly” pay shall be 7/365 of ordinary pay;

(ii) for part time employees, “Weekly” pay shall mean the employee’s average weekly earnings for the previous six/twelve months (whichever is more favourable to the employee);

(i) payment under this provision is conditional upon the employee finishing on an agreed date (usually the first of March). Where the employee resigns her/his position or is appointed to another teaching position before the date of payment, no payment will be made.

(4) Long Service Payment:

(a) Where an employee’s position is disestablished either as the result of voluntary election or otherwise, the employee may elect to receive a long service payment. The intention of this payment is to assist the employee to withdraw from the teaching service. This option will be available on the following basis:

(i) the employee will be deemed to have supernumerary status for the period from the effective date of disestablishment until long service payment is paid. This period will usually be that between the beginning of the next school year and first (1st) of March census of the school roll. During this period, the rights and obligations of a supernumerary teacher will apply;

(ii) those with twenty-five (25) years’ service and less than thirty (30) years’ service shall be paid a lump sum of twenty-five (25) weeks ordinary pay;

(iii) those with thirty (30) years’ service or more shall be paid a lump sum of thirty (30) weeks’ ordinary pay;

(b) Where a school is closed without replacement at the end of a school year the employee shall receive salary for the supernumerary status up to 1 March. The long service payment shall be paid in the pay period immediately after 1 March. An employee may request to be paid long service prior to 1 March (although no earlier than the end of the school year) and in these circumstances the payment for the supernumerary period shall be for the period between the end of the school year and the date of the payment of the long service payment.

(c) For the purposes of the long service payment, the definitions of service and of weekly ordinary pay are the same as those for severance set out above;

(d) Where an employee having received a long service payment commences permanent employment within a number of weeks which is less than the number of weeks of payment received by the employee as a long service payment under clause 2.13.4(4)(a) above, the employee shall refund the difference between the number of weeks for which they were without employment and the number of weeks for which long service payment was received provided that for the purposes of this clause, employment means employment as a teacher in a state or integrated school or employment as a manual training teacher in an approved manual training establishment;

(e) any employee receiving the long service 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;

(f) payment under this provision is conditional upon the employee finishing on an agreed date [usually the first (1st) of March].

2.13.5 Preference in Appointment

(a) Where a position which has permanent units attached has been reduced in status because of the operation of clause 2.13.1 and the actual roll is sufficient to justify its continuation or resumption at the former level before the actual reduction in status takes effect, the employee concerned shall continue to be employed in the position at its former status unless s/he has resigned or been appointed to another permanent position. This subclause is not applicable to the holder of fixed term unit(s).

(b) Any employee who holds a position which has permanent units attached, and that position is or is about to be altered in status as a consequence of the operation of clause 2.13.1, who applies for the position as advertised at its new status shall be appointed to that position unless in the meantime the employee has been appointed to another permanent position, provided that where the position has been reduced in status the employee concerned shall continue to be paid at the salary s/he was receiving immediately prior to the reduction, for a period of one year from the effective date of the reduction provided that s/he continues to hold that position. This sub-clause is not applicable to holders of fixed-term unit(s).

(c) During the period of salary protection an employee is entitled to any salary increases or increments due.

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2.13A Employment Protection Provisions

2.13A.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Act 2000 and includes:

(a) contracting out; or

(b) selling or transferring the employer’s business (or part of it) to another person;

(c) but excludes mergers and school reorganisations as defined in Appendix 4.

2.13A.2 Where work undertaken by an employee covered by this agreement will be, or is likely to be, undertaken by a new employer (whether or not the new employer is an “employer” defined in clause 1.8) the employer will notify the National Offices of NZEI Te Riu Roa and PPTA Te Wehengarua where the employee affected by the restructuring is a member of the union. In such circumstances the employer will meet with representative(s) of the union to:

(a) Identify the issues the employee wishes to have considered by the new employer;

(b) Ensure that all current terms and conditions of employment of the employee are accurately recorded; and

(c) Determine the process by which communications to/from the employee will be conducted.

2.13A.3 The employer will encourage the new employer to agree to the involvement of the union(s) in the processes described in clauses 2.13A.4 and 2.13A.5 below.

2.13A.4 Having completed the process described in clause 2.13A.2 above, the employer will meet with the new employer to:

(a) provide the new employer with details of the work currently performed by the employee concerned together with details of the terms and conditions of her/his employment; and

(b) seek a proposal for the employment of the affected employee by the new employer, including clarification of the terms and conditions upon which that employee would be offered employment by the new employer.

2.13A.5 The following shall be matters for clarification under clause 2.13A.4(b) and again should be read in conjunction with the surplus staffing provisions of this agreement.

(a) the number and type of positions that may be offered by the new employer to the employee affected by the restructuring;

(b) the terms and conditions of employment to be offered to the employee (including whether the employee will transfer to the new employer on the same terms and conditions of employment);

(c) the arrangements, if required, for the transfer of any accrued benefits and entitlements in relation to those employees;

(d) the arrangements, if required, for when and how offers of employment are to be made to the employee and the mode of acceptance, including whether any offers of employment made by the new employer will be conveyed through NZEI Te Riu Roa and PPTA Te Wehengarua.

2.13A.6 The process to be followed at the time of the restructuring to determine what entitlements, if any, are available for employees who do not transfer to the new employer are set out in Appendix 4. This clause, 2.13A, as a whole shall be read in conjunction with those provisions.

Note Section 77HA of the State Sector Act 1988

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2.14 Head of Department/Tutor Teacher Time Allowance

21.14 Each school will receive an additional 0.04 FTTE for each full time year-one beginning teacher granted the year-one beginning teacher allowance as in clause 2.10.1.

2.14.2 The school shall allocate the equivalent of one hour non-teaching time per week to the person responsible for directly providing an advice, guidance and support programme to that beginning teacher. Schools have flexibility to decide how they allocate this time within or across weeks.

2.14.3 Time allowances shall aggregate where the individual is providing an advice, guidance and support programme to two or more beginning teachers who generate the time allowance.

2.14.4 Where more than one Head of Department or Tutor Teacher is responsible for providing an advice, guidance and support programme to the beginning teacher the time allowance shall be shared equitably.

2.14.5 If the advice, guidance and support programme is provided by a Head of Department or Tutor Teacher who is employed at another school, the employer of the beginning teacher shall transfer this time allowance to the employing school of the Head of Department or Tutor Teacher.
23 weeks

Note: For clarity, this is not an additional allowance for those with general oversight of beginning teachers (including those overseeing school-wide induction programmes) or with general professional development roles (including Specialist Teachers), except where the support role is separate from her/his generalised responsibility for beginning teachers at the school.

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2.15 Specialist Teacher

2.15.1 Each area school shall be entitled to select a permanent teacher to perform the role of a Specialist Teacher.

2.15.2 A school with a school roll of 1-99 shall receive a time allowance of 0.08 FTTE per week. This time allowance shall be timetabled Specialist Teacher time and shall be in addition to non-contact time or classroom release time. The Specialist Teacher shall allocate a minimum of two hours in their timetabled week to the professional development and guidance of other teaching staff. Schools with rolls of 1-99 may opt, by mutual agreement with another school, to engage a teacher employed at that other school to perform this role. In such circumstances the staffing will be transferred to the employing board of trustees of that teacher.

2.15.3 A school with a school roll of 100 or more shall receive a time allowance of 0.16 FTTE per week. This time allowance shall be timetabled Specialist Teacher time and shall be in addition to non-contact time or classroom release time. The Specialist Teacher shall allocate a minimum of four hours in their timetabled week to the professional development and guidance of other teaching staff.

2.15.4 Appointment criteria to the position of Specialist Teacher include:

(a) being a permanently appointed registered teacher; and

(b) having at least six years total teaching experience (either in New Zealand or overseas); and

(c) having had three successful attestations against the experienced classroom teacher standards (Schedule 1 of this agreement), or overseas equivalent; and

(d) being a full time teacher, or a part time teacher with a significant classroom teaching load at time of application; and

(e) other criteria that may be subsequently agreed and promulgated by the parties.

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2.16 Start of Year

2.16.1 Regardless of the first day schools are open for instruction in Term 1, for normal pay and employment purposes the start of the school year is 28 January for those teachers that are employed for that year, except that for teachers being employed for the first time in a state or integrated school, or being employed after a break in service, their start day is as advised to payroll by the employer.

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2.17 Kapa Haka Kura Tuarua

2.17.1 Ngä whakataetae mo ngä kapa haka kura tuarua. There is an entitlement to 100 teacher relief days for the organisers of the national secondary schools biennial Kapa Haka contest.

These 100 days will be available to area or secondary school teachers who are organisers of this contest in the year the contest is being held.

2.17.2 Kapa Haka and Polyfest Cultural Competitions

Ngā whakataetae mo ngā kapa haka kura tuarua me ngā iwi o Te Moananui-ā-Kiwa

(a) From the start of the 2012 school year an additional 70 teacher relief days will be made available biennially for area and secondary teachers to attend Kapa Haka competitions to support students participating in the competitions.

(b) From the start of the 2012 school year an additional 30 teacher relief days will be made available annually for area and secondary teachers to attend Polyfest competitions to support students participating in the competitions.

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2.18 Overseas Teacher Time Allowance

2.18.1 Boards of trustees that employ an overseas trained teacher, are entitled to receive an Overseas Teacher Time Allowance of an additional 0.1 FTTE provided that the teacher meets the criteria outlined in clause 2.18.2. The allowance is available for a maximum of twenty weeks. The allowance may be applied for by the board of trustees at any time within the first 12 months of an overseas teacher’s employment.

2.18.2 For the school to receive an Overseas Teacher Time Allowance, the employed teacher must:

(a) be an overseas trained teacher whose qualification(s) are recognised for New Zealand teacher registration; and

(b) be appointed to their first teaching position in a New Zealand state or state integrated school; and

(c) have completed less than 10 weeks teaching in a New Zealand state or state integrated school; and

(d) be fully employed from within the school’s staffing entitlement i.e. Teacher Salaries; and

(e) be employed full-time, i.e. 1.00 full-time teacher equivalent (FTTE); and

(f) be appointed to a position for a minimum of two terms; and

(g) not be eligible for the Beginning Teacher Time Allowance generated under clause 2.10 of this agreement.

2.18.3 A board of trustees may not receive the Overseas Teacher Time Allowance for a teacher who is receiving or has received the Beginning Teacher Time Allowance.

2.18.4 The board of trustees is to ensure that discussion occurs with the overseas teacher on how the allowance may be utilised to assist in providing professional advice and guidance to the teacher.

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2.19 Professional Learning Days

2.19.1 Schools deemed isolated (at time of this settlement being those covered by Targeted Funding for Isolation) shall have funding for three professional learning days per annum (per school) for the purpose of enabling permanent and long term relieving teachers to visit other schools for professional learning.

2.19.2 The parties developed guidelines for the use of this time during 2008. The guidelines include consultation between employers and teachers on the processes of allocation of the professional learning days. 

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2.20 Community-level Induction and Networking Programmes

2.20.1 (a) Each teacher employed in a Community Teacher (across community) role will generate $750 per annum to the employing school to support Community-level induction and networking programmes.
(b) Each teacher employed in a Community Teacher (within school) role will generate $400 per annum to the employing school to support Community-level induction and networking programmes.

Note: see also clauses 3.32 and 3.33.

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2.21 Teacher-led Innovation Fund

2.21.1 During the 2015-2018 school years groups of three or more teachers may apply for funding from the Teacher-Led Innovation Fund for practice-based research.

 

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Last modified on Friday, 24 February 2017 01:42