Circular 2016/08

This circular is about The details of the recent settlements of the Primary Principals’ Collective Agreement and the Primary Teachers’ Collective Agreement and information on applicable Individual Employment Agreements.

This circular replaces This circular does not replace any other.

The action needed is To note the contents of this circular and complete the requirements concerning Individual Employment Agreements if applicable.

It is intended for Chairpersons of boards of trustees and principals of all state and state-integrated primary schools.

For more information Email the Industrial Relations Unit: industrial.relations@education.govt.nz.

All agreements are available on the Ministry’s website http://www.education.govt.nz/collective-agreements/

Primary Principals' Collective Agreement Settlement

Introduction

The Primary Principals’ Collective Agreement 2016-2018 (PPCA) was settled on 17 May 2016 and has now been ratified by the members of the New Zealand Educational Institute Te Riu Roa (NZEI Te Riu Roa). It is effective from 17 May 2016 and is now the applicable agreement.

The term is for 24 months from the date of settlement (17 May 2016 to 16 May 2018). The agreed salary adjustments will take effect from 2 May 2016, and 2 May 2017 for principals who were, on the date of settlement, a member of NZEI Te Riu Roa employed under the terms of the PPCA.

This circular provides a summary of the changes and new provisions. The full collective agreement is available on the Ministry of Education’s website. Printed copies will be available from the New Zealand School Trustees Association (NZSTA).

The pay increases provided for in the PPCA are not available to principals on Individual Employment Agreements (IEAs) unless a new IEA is entered into between the Board and the principal, and in no case can such an increase be effective before 29 June 2016, or the date the IEA is signed, whichever is the later.

Key features of the settlement

Remuneration

Amendments to the remuneration components have been agreed as follows:

School roll-based salary component (U-grade)

There is an increase to U-Grade rates by 2% from 2 May 2016, and by a further 2% from 2 May 2017 as follows:

Staffing component

An increase to the staffing based salary component of 2% from 2 May 2016, with a further 2% increase from 2 May 2017 as follows:

Decile payment

The decile payment rates will be increased by 2% from 2 May 2016, and by a further 2% from 2 May 2017.

Career payment

There is an increase to career payment rates on all three stages by 2% from 2 May 2016, and by a further 2% from 2 May 2017.

Leadership in Literacy and Numeracy

The per annum base payment component of the Leadership in Literacy and Numeracy payments will be increased by $160 (from $2,000 to $2,160) from 2 May 2016, with a further increase of $160 (from $2,160 to $2,320) from 2 May 2017.

Other changes

Paid sabbatical leave

From the start of the 2017 school year the number of paid sabbatical leave positions will increase from 100 to 105.

Refer clause 7.12 of the PPCA.

Māori Immersion Teaching Allowance

From 2017 there will be an additional allowance of $2,000 per annum, for principals who have 3 continuous years’ relevant teaching, increasing to $4,000 per annum after 6 continuous years’ relevant teaching.

Refer clause 6.2.6 of the PPCA.

Health, safety and wellbeing

A new clause has been written to reflect the importance of ensuring good and safe working conditions.

Refer clause 2.8 of the PPCA.

Career Framework and remuneration review

During the term of the agreement the parties and NZSTA will establish a working group to develop a career framework and review the remuneration structures, including the incentives for the recruitment and retention of principals in particular schools.

Refer Appendix 6 of the PPCA for agreed Terms of Reference.

Other matters

The following matters were also agreed:

• The Secretary for Education has agreed to cover the cost of primary principal practising certificate fees that are renewed or issued by the new teacher professional body, the Education Council, during the term of the agreement (from 17 May 2016 to 16 May 2018).
• Amendments to the sick leave clauses in Part 7. This revision is intended to make the collective easier to understand and be applied.
• Amendments to clause 5.1 to reflect approaches to remuneration comparability.
• Amendments to reimbursing allowances in clause 6.1 to update these allowances.
• Amendments to clause 4.4, career structure payment service, to allow Boards to make a case for the inclusion of other principal service in the calculation of service.
• During the term of this collective agreement NZSTA will consult NZEI Te Riu Roa to identify ways to promote the use of refreshment leave to principals and boards of trustees.
• Technical changes.

Individual Employment Agreements for Primary Principals

An Individual Employment Agreement (IEA) based on the terms and conditions of the renegotiated PPCA has now been promulgated and is available on the Ministry’s website.

Principals who are not members of NZEI Te Riu Roa but whose work could be covered by the PPCA coverage clause may be offered the newly promulgated IEA to access the applicable terms and conditions of the renegotiated PPCA.

IEAs are only effective from the date of signing and cannot be effective before the date they were promulgated by the Secretary for Education (i.e. 29 June 2016).

The previous requirement that an employer had to offer a new employee, who is not a member of a union party to a collective agreement that would cover the employee’s work if he or she was a union member, the terms and conditions of that agreement for the first 30 days of employment no longer applies. However, employers are still required to inform new employees that a collective agreement exists and provide them with a copy of the agreement, as well as information regarding how to contact and join the relevant union.

If you are intending to offer existing employees who are not union members the promulgated IEA then you must draw their attention to the details of the applicable terms and conditions of the new PPCA.

Please note that if the Board and the employee do not sign the new IEA then the new provisions will not apply. Existing employees on old IEAs will be entitled to the new provisions from the date that they sign the new IEA. In no case can pay increases be effective before the date the Secretary for Education promulgated the IEA (i.e. 29 June 2016), or the date the IEA is signed, whichever is the later.

In the event a Board has concerns and/or questions regarding its employment arrangements with individual employees, the Board should contact its NZSTA adviser or its own employment adviser.

Primary Teachers' Collective Agreement Settlement

Introduction

The Primary Teachers’ Collective Agreement 2016-2018 (PTCA) was settled on 9 June 2016 and has since been ratified by members of the New Zealand Educational Institute Te Riu Roa (NZEI Te Riu Roa) and signed by the parties.

The term is for 24 months from the date of settlement (9 June 2016 to 8 June 2018). The agreed base salary adjustments will take effect from 2 May 2016, and 2 May 2017 for teachers who were, on the date of settlement, a member of NZEI Te Riu Roa employed under the terms of the PTCA.

This circular provides a summary of the changes and new provisions. The full collective agreement is available on the Ministry of Education’s website. Printed copies will be available from the New Zealand School Trustees Association (NZSTA).

The pay increases provided for in the PTCA are not available to employees on Individual Employment Agreements (IEAs) unless a new IEA is entered into between the Board and the employee. In no case can such an increase be effective before the date the Secretary for Education promulgated the new IEA (29 June 2016) or the date the IEA is signed, whichever is the later.

Key features of the settlement

Remuneration

An amended base salary scale has been agreed as follows:

Increases to the base salary rates as outlined below:

• 2% on the current base salary scale effective from 2 May 2016; and
• a further 2% effective from 2 May 2017.

The actual salary scale is set out below:

Refer clause 3.1.7 of the PTCA.

Increases to the entry salary rate and the maximum salary rate for untrained employees as outlined below:

• 2% on the current entry rate and maximum salary rate effective from 2 May 2016; and
• a further 2% effective from 2 May 2017, as follows:

Refer clause 3.3.2 of the PTCA.

Other changes

Māori Immersion Teaching Allowance

The current additional allowance of $1,000 per annum after 5 consecutive years’ relevant teaching has been revised to: $2,000 per annum after 3 continuous years’ relevant teaching, increasing to $4,000 per annum after 6 continuous years’ relevant teaching. This change will take effect from the start of the 2017 school year.

Refer clause 3.17 of the PTCA.

Teacher release time

There will be a one-off provision of teacher release time for the 2017 school year. The provision is for the purpose of strengthening the knowledge of the primary profession around the literacy and numeracy progressions as part of supporting teachers’ assessment and reporting practice across the national curricula.

Resource Teachers Deaf and Resource Teachers Vision

Changes have been made to align the requirement to complete training with other Resource Teachers and teachers at van Asch Deaf Education Centre, Kelston Deaf Education Centre or the Blind and Low Vision Education Network New Zealand.

Refer sub-clause 3.3.4(e) and clause 3.3.5C of the PTCA.

Changes have also been made to clarify the criteria for the Braille and NZ Sign Language Allowance.

Refer clause 3.29 of the PTCA.

Kapa haka

The equivalent of 100 teacher relief days per annum have been introduced. These will be available to teachers who are supporting students participating in Te Mana Kuratahi (the National Primary Kapa Haka Competition) or Polyfest Festival.

Refer clause 2.11 of the PTCA.

Career Framework and remuneration review

During the term of the agreement the parties and NZSTA will establish a working group to develop a career framework and review the remuneration structures, including the incentives for the recruitment and retention of teachers in particular schools.

Refer Appendix 7 of the PTCA for agreed Terms of Reference.

Other matters

The following matters were also agreed:

• The Secretary for Education has agreed to cover the cost of primary teacher practising certificate fees that are renewed or issued by the new teacher professional body, the Education Council, during the term of the agreement (from 9 June 2016 to 8 June 2018).
• Amendments to reimbursing allowances in Part Five to update these allowances.
• Amendments to the sick leave provisions of Part Four. The changes are intended to make the collective agreement easier to understand and be applied.
• The addition of a new Appendix 6 – Salary on Appointment. The addition is intended to make the collective agreement easier to understand and be applied.
• Technical changes.

Individual Employment Agreements for Primary Teachers

An Individual Employment Agreement (IEA) based on the terms and conditions of the renegotiated PTCA has now been promulgated and is available on the Ministry’s website.

Teachers who are not members of NZEI Te Riu Roa but whose work could be covered by the PTCA coverage clause may be offered the newly promulgated IEA to access the applicable terms and conditions of the renegotiated PTCA.

IEAs are only effective from the date of signing and cannot be effective before the date they were promulgated by the Secretary for Education (i.e. 29 June 2016).

The previous requirement that an employer had to offer a new employee, who is not a member of a union party to a collective agreement that would cover the employee’s work if he or she was a union member, the terms and conditions of that agreement for the first 30 days of employment no longer applies. However, employers are still required to inform new employees that a collective agreement exists and provide them with a copy of the agreement, as well as information regarding how to contact and join the relevant union.

If you are intending to offer existing employees who are not union members the promulgated IEA then you must draw their attention to the details of the applicable terms and conditions of the new PTCA.

Please note that if the Board and the employee do not sign the new IEA then the new provisions will not apply. Existing employees on old IEAs will be entitled to the new provisions from the date that they sign the new IEA. In no case can pay increases be effective before the date the Secretary for Education promulgated the IEA (i.e. 29 June 2016), or the date the IEA is signed, whichever is the later.

In the event a Board has concerns and/or questions regarding its employment arrangements with individual employees, the Board should contact its NZSTA adviser or its own employment adviser.

Issued by

Nick Kyrke-Smith, Senior Manager Industrial Relations, Education Workforce, Early Learning and Student Achievement
Ministry of Education, National Office, Matauranga House, 33 Bowen Street, Wellington 6011
PO Box 1666, Wellington 6140, New Zealand, Phone 04-463 8000, Fax 04-463 8001, Email industrial.relations@education.govt.nz

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