Circular 2016/09

This circular is about The details of the recent settlement of the Area School Principals’ 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 area 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/

Introduction

The Area School Principals’ Collective Agreement 2016-2019 (ASPCA) was settled on 30 June 2016 and has now been ratified by the members of the New Zealand Educational Institute Te Riu Roa (NZEI Te Riu Roa) and the Post Primary Teachers’ Association (PPTA). It is effective from 30 June 2016 and is now the applicable agreement.

The term is for 36 months from the date of settlement (30 June 2016 to 29 June 2019). The agreed salary adjustments will take effect from 2 June 2016, 2 June 2017, and 2 June 2018 for principals who were, on the date of settlement, a member of either NZEI Te Riu Roa or PPTA employed under the terms of the ASPCA.

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 ASPCA 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 8 July 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 June 2016 with a further 2% increase from 2 June 2017 and a further 2% increase from 2 June 2018, as follows:

Staffing based salary component

An increase to the staffing based salary component of 2% from 2 June 2016 with a further 2% increase from 2 June 2017 and a further 2% increase from 2 June 2018.

Refer clause 3.1.2 of the ASPCA.

Decile payment

The decile payment rates will be increased by 2% from 2 June 2016 with a further 2% increase from 2 June 2017 and a further 2% increase from 2 June 2018.

Refer clause 3.1.3 of the ASPCA.

Area School Principals' Career Structure

There is an increase to career structure payments by 2% from 2 June 2016 with a further 2% increase from 2 June 2017 and a further 2% increase from 2 June 2018.

Refer clause 4.4(d) of the ASPCA.

Area School Principals' Payment

The base rate of the Area School Principals’ Payment will be increased by $250 (from $3,500 to $3,750) from 2 June 2016 with a further increase of $250 (from $3,750 to $4,000) from 2 June 2017 and $320 (from $4,000 to $4,320) from 2 June 2018. There will also be an increase to the FTTE payment of 2% from 2 June 2016 with a further 2% increase from 2 June 2017 and a further 2% increase from 2 June 2018.

Refer clause 3.8.1 of the ASPCA.

Other changes

Paid sabbatical leave scheme

From the start of the 2018 school year the number of paid sabbatical leave positions will increase from 7 to 10.

Refer clause 5.6 of the ASPCA.

Reimbursement of costs associated with sabbatical leave

From the start of the 2018 school year a new provision will be introduced to allow for the reimbursement of approved costs associated with the work proposal for a sabbatical. The maximum total annual cost of any such reimbursements will be $50,000 and the maximum total reimbursement of costs for any one sabbatical shall be $5,000.

Refer clause 5.7 of the ASPCA.

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 3.5 of the ASPCA.

Review of Area School Principal Remuneration

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

Refer Terms of Settlement of the ASPCA for agreed Terms of Reference.

Other matters

The following matters were also agreed:

• The Secretary for Education has agreed to cover the cost of area school 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 30 June 2016 to 29 June 2019).
• Amendments to the sick leave clauses in Part 5. This revision is intended to make the collective easier to understand and be applied.
• Amendments to clause 4.4(e), area school principal career structure payment service, to allow Boards to make a case for the inclusion of other principal service in the calculation of service.
• Addition of a new clause 3.4.3(c) to provide protection in the event that the decile component is removed from the overall remuneration structure.
• Technical changes.

Individual Employment Agreements for Area School Principals

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

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

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. 8 July 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 ASPCA.

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. 8 July 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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