Community Education Collective Agreement 2022–25

This document sets out the agreed components of the settlement of the Adult and Community Education Staff in Schools’ Collective Agreement 2022-25.

This agreement has been settled between the Secretary for Education and PPTA. It shall be subject to ratification by PPTA members pursuant to section 51 of the Employment Relations Act 2000.

The terms outlined in this document are valid for ratification by PPTA provided ratification is confirmed and the new collective agreement is signed no later than 5 May 2023.

1. Term

The renamed Community Education Collective Agreement (CECA) 2022-25 shall commence on 1 December 2022 and be effective for 22 months from the date of signing provided this collective agreement is signed by 5 May 2023.

2. Remuneration

the parties agree that the existing rates are replaced by the rates as detailed below:

New minimum rates for Adult and Community Education and Out of Hours Music and Arts Employees.

The clause wording for 3.1 tutor remuneration can be found in Annexe 1. 

3. Coverage to OOHMA employees

The parties agree that coverage is extended to staff delivering Out of Hours Music and Art programmes to ākonga in years 1-8. Technical changes will occur to reflect this change including a name change of the agreement to Community Education Collective Agreement.

4. Alignment of OOHMA and ACE roles

The parties agree that OOHMA roles will translate to ACE role titles and corresponding pay rates as below:

5. Additional Payments

Partnership with PPTA - $750 Lump sum for members employed as at 5 May 2023

The parties agree that all full-time employees who were a member of the PPTA as at 5 May 2023 are entitled to receive a one-off gross payment of $750. The payment will be pro-rated for part-time and casual employees based on their full-time equivalent (FTE) as at 5 May 2023.   

Employees who were a member of the PPTA as at 5 May 2023 and on that day were on approved unpaid leave are entitled, upon application, to receive the one-off gross payment of $750 on their return to their position providing that they return on or before the end of Term 2, 2023 or on or before the end of Term 4, 2023 for those on parental leave.

The minimum payment for any employee, regardless of FTE, will be $75, and no employee shall receive more than $750 gross in total.

Clause wording is included in the attached Annexe 2. This clause wording will be removed in subsequent collective agreements. 

$500 Lump sum for those employed as at 1 December 2023 

The parties agree that a one-off gross lump sum of $500 be paid to all employees who are employed as at 1 December 2023. This will be pro-rated according to FTE for part-time and casual employees.  

Employees on approved unpaid leave under Part 4 of this agreement on 1 December 2023 are entitled to receive the one-off gross payment of $500 when they resume working, providing that they return on or before the end of Term 2, 2024 or on or before the end of Term 4, 2024 for those on parental leave. The payment will be based on the calculation for the position that would have been applicable on 1 December 2023, had they not been on approved leave.

The minimum payment for any eligible employee, regardless of FTE, will be $50, and no employee shall receive more than $500 gross in total.

Clause wording is included in the attached Annexe 2. This clause wording will be removed in subsequent collective agreements. 

6. Hours of Work

The parties agree the following wording:

3.5 Employees will be paid for all hours required to perform their role, as agreed by the employer and employee. The employee’s step or grade (if applicable) and their hours will be recorded in writing at the time of employment and set in accordance with the requirements of the role. Any subsequent agreed changes to hours of work will be recorded in writing.

In addition to tuition, examples of role requirements to be counted towards the paid hours of tutors include:

• Lesson planning and preparation
• Preparation of resources
• Administration, meetings, and reporting
• Student activities, including examination preparation

The inclusion of this new clause enables Note 1 of clause 3.2.1 and Note 1 of 3.2.3 to be deleted, as noted in the technical amendments. 

7. Class cancellations 

The parties agree to improve the notification period for tutors regarding the cancellation of classes.  The revised wording:

3.1.4.a Cancelled ACE classes - tutors of classes that are cancelled because no students attend shall be paid for one hour only regardless of the normal duration of the class. If the tutor is notified at least twenty-four hours beforehand of the cancellation of the class, no payment will be made.

3.1.4.b Cancelled OOHMA classes - The payment of tutors for OOHMA classes that are cancelled and subsequently rescheduled will be made as usual and not delayed to the date of the rescheduled class.

8. Sick Leave and Public Holidays

The parties agree to make changes to the sick leave clause wording to improve readability. These changes are detailed in the attached Annexe 3.

Additionally, the number of sick days is updated from 5 days to 10 days per annum and Matariki is added as a public holiday. 

9. Related Matters

This settlement will be implemented by Education Payroll by 12 July 2023, provided the collective agreement is signed by 5 May 2023.

10. Technical Amendments

The parties agree on technical amendments to amend the collective agreement to conform with relevant legislation and language terms. These are detailed in the attached Annexe 4.

The parties agree to such other technical amendments to the text of the collective agreement as may be mutually agreed by the parties.

Signed on 6 April 2023:

Jo Brunskill
Advocate
for PPTA 

Nicole Williams
Advocate
for the Secretary for Education

Witnessed by:
Kate Lethbridge
New Zealand School Trustees Association

ANNEXE 1

3.1 Tutors

3.1.1 The minimum hourly rates for tutors are as follows:

3.1.2 Application of salaries - ACE

(a) An ACE tutor shall be placed on step 1 unless:

(i) The tutor satisfies the coordinator they have either successfully completed a recognised course in the tutoring of adults or holds a Diploma of Teaching, and has at least 100 hours of adult tutoring experience; or

(ii) The tutor has completed 200 hours of tutoring; or

(iii) The tutor was placed on step 2 of the salary scale prior to this agreement coming into force.

Where i, ii, or iii above apply, a tutor shall be placed on step 2.

(b) Subject to verification, other experience of tutoring adult students (including im continuing education programmes, polytechnics, universities, colleges of education, and equivalent organisations either in New Zealand or overseas) shall be considered as relevant experience for placement on step 2 under 3.1.3 (a) (i) and (ii).

Note: Where an ACE tutor is also a fully registered teacher nothing in 3.1.2 (a) (i) shall prevent an employer choosing to place that teacher on step 2.

3.1.3 Application of salaries - OOHMA

An OOHMA tutor shall be placed on step 1 unless the tutor has completed 200 hours of OOHMA tutoring.

ANNEX 2: Additional Payments Clause Wording

The parties agree to add clause wording to the agreement as follows:

1.8       Additional Payments 

1.8.1 The parties to this Agreement recognise the value in their ongoing and productive relationship, including their joint efforts to ensure community education employees are valued and well supported. Collective bargaining is a key part of those joint efforts.

1.8.2 In recognition of the benefits arising out of the parties’ relationship, including the PPTA’s role in negotiating terms and conditions for community education employees, each full-time employee who was a member of the PPTA as at 5 May 2023 will be paid a one-off payment of $750 gross. 

The payment will be pro-rated for:  

• part-time employees based on their full-time equivalent (FTE) as at 5 May 2023.    
• casual employees who have worked a minimum of 8 hours over the period 1 July to 30 November 2022, based on the of the total number of hours worked in proportion to 1.0 FTE during that period. Casual employees who worked less than 8 hours during that period are not entitled to the payment.

Employees who were a member of the PPTA as at 5 May 2023 and on that day were on approved unpaid leave under Part 5 of this agreement, are entitled to receive the one-off payment of $750 gross when they return to work, providing that they return on or before the end of Term 2, 2023 or on or before the end of Term 4, 2023 for those on parental leave. The payment will be based on the calculation for the position that would have been applicable on 5 May 2023 had they not been on approved leave. 

An employee may be eligible to have the payment calculated under more than one category. However, no eligible employee will receive a total gross payment that is less than $75 or more than $750 in total.  

 1.8.3 A one-off lump sum of $500 gross will be paid to all full-time employees who are employed on 1 December 2023.    

The payment will be pro-rated for: 

• part-time employees based on their full-time equivalent (FTE) as at 1 December 2023.    
• casual employees who have worked a minimum of 8 hours over the period 1 July to 30 November 2023, based on the of the total number of hours worked in proportion to 1.0 FTE during that period. Casual employees who worked less than 8 hours during that period are not entitled to the payment.

Employees who are on approved unpaid leave under Part 5 of this agreement on 1 December 2023 are entitled to receive the one-off payment of $500 gross when they return to work, providing that they return on or before the end of Term 2, 2024 or on or before the end of Term 4, 2024 for those on parental leave. The payment will be based on the calculation for the position that would have been applicable on 1 December 2023 had they not been on approved leave. 

An employee may be eligible to have the payment calculated under more than one category. However, no eligible employee will receive a total gross payment that is less than $50 or more than $500 in total.  

Note: Clause 1.8 will be removed in subsequent collective agreements.   

ANNEX 3: Revising sick leave entitlements

4.3 sick leave and bereavement leave for permanent and fixed-term employees

4.3.1 An employee who has completed six months of continuous employment with the employer is entitled to the sick leave and bereavement provisions, set out in clause 3.2 through 4.3.9. The employer may agree to more generous provision.

Sick Leave

4.3.2 After 6 months continuous employment, the employee will be entitled to 10 days paid sick leave in each subsequent 12 months of employment.

4.3.3 Unused sick leave can be accumulated, up to a maximum of 20.

4.3.4 A fixed-term employee, whose break in fixed-term employment with the same employer is less than three months, will have their employment considered to be continuous for the purposes of clause 4.3.2.

4.3.5 Sick leave can be taken where the employee is sick or injured, or where the employee’s partner or dependent is sick or injured.

4.3.6 The employee must advise their employer as soon as practicable from the time they are aware that sick leave will be taken.

Bereavement Leave

4.3.7 Notice to employer
An employee who intends to take bereavement leave will inform their manager, as soon as they can, of their relationship to the person who has died, and the dates they intend to be away from work.

4.3.8 Close relationships
An employee is entitled to three days paid bereavement leave in relation to the death of the employee’s parent, grandparent, sibling, child (including miscarriage or stillbirth), grandchild, partner, or parent of the employee’s partner.

4.3.9 Other persons
An employee will receive one day paid bereavement leave if the employer accepts that the employee has suffered bereavement through the death of a person who is not a close relative.

The employer must consider the closeness of association (which does not have to be a blood-relationship), whether the employee has significant responsibilities for arrangements for the ceremonies, and/or the cultural responsibilities of the employee in relation to the death.

The employer will make a decision quickly, so the employee has as much time as possible to make necessary arrangements.

4.4 Sick Leave and Bereavement Leave for Casual Employees

4.4.1 If the employee works for the employer an average of at least 10 hours a week during a six-month period, and no less than one hour in every week, or 40 hours per month during that period, the employee will become entitled, in any ensuing 12-month period of employment, to sick and bereavement leave as outlined in clause 4.3. Any such leave will be paid in accordance with the Holidays Act 2003.

Note: For the purpose of 4.4.1 a casual employee works on an irregular basis, as and when required, and with no expectation of ongoing employment.

ANNEX 4: Technical Amendments

PUBLIC HOLIDAYS

4.1.2.1 If an employee does not work on a public holiday and the day would otherwise be a working day for the employee, the employer must pay the employee not less than the employee’s relevant daily pay for that day.

SURPLUS STAFFING: NON-TEACHING CO-ORDINATORS

7.3.8 The employee may be made an offer of employment prior to the disestablishment of the current position either within the education or state service. This offer may be to a lower graded position to that previously held or to a position with reduced hours and will include an allowance which provides some recognition of the reduced income arising from the new position. For the avoidance of doubt, any such allowance forms part of the employee’s ordinary weekly pay for Holidays Act purposes. Where the employee accepts such an offer the employer’s responsibilities under 7.3.9 below shall be fulfilled. Where the employee does not accept such an offer the provisions of 7.3.9 shall apply.

FAMILY VIOLENCE LEAVE (new clause)

4.5 Family Violence Leave as provided for by the Holidays Act 2003 is in addition to other leave allowance within the collective agreement.

Part 9: HEALTH AND SAFETY

9.1 The parties recognise the importance of ensuring good and safe working conditions through Health and Safety in the workplace and that it is a mutual obligation of the employer and employees to achieve this through a representative, engagement and participative approach.

9.2 To this end, the employers' and employees' attention is drawn to the Health and Safety at Work Act 2015 and associated Regulations. This and other legislation, relevant Codes of Practice and Guidelines are the reference points for gaining a common understanding of what those obligations are, what will assist in meeting those mutual obligations and also in promoting best practice.

9.3 Where employees' health, safety or welfare is shown to be at risk in the carrying out of their duties the employer shall take all reasonably practicable steps to eliminate or minimise the identified risk for the employees and to do so in consultation with the relevant health and safety representatives, committees and authorities that may be identified.