Circular 2019/12 - Settlement of the Support Staff in Schools’ Collective Agreement and the Kaiārahi i te Reo, Therapists’, ATSSD, Special Education Assistants’ Collective Agreement and New Individual Employment Agreements

Date 13 December 2019 | Circular 2019/12 | Category Employment Relations

This circular is about  The details of the recent settlements of the Support Staff in Schools’ Collective Agreement and the Kaiārahi i te Reo, Therapists’ Assistants to Teachers for Students with Severe Disabilities, Special Education Assistants’ Collective Agreements and information on applicable Individual Employment Agreements.

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 schools.

For more information contact the New Zealand School Trustees Association about human resource issues generally on 0800 782 435. Email the Ministry of Education's Employment Relations Unit: employment.relations@education.govt.nz. All collective agreements for school staff can be found on the Ministry's website: www.education.govt.nz/collective-agreements/

Introduction

On 29 November 2019, two collective agreements covering administration staff, teacher aides, Kaiārahi i te Reo, therapists, assistants to teachers of students with severe disabilities and special education assistants was settled. On 10 December these settlements were ratified by members of the unions’ party to these agreements – the New Zealand Education Institute Te Riu Roa (NZEI Te Riu Roa) and E tū.

Both agreements are effective from 13 December 2019 to 6 February 2022.

This circular provides a summary of the changes and new provisions agreed in these settlements. The full collective agreements can be downloaded from the Ministry of Education’s website, and printed copies will be available from the New Zealand Schools Trustees Association (NZSTA).

Key information for schools

The following information will answer some initial questions you may have:

When and how will the extra money get to schools?

The increase to pay rates for support staff will be funded by:

  • the annual increase to operational grants funding (this was 1.8% for 2019 and will be 1.8% for 2020), and
  • additional funding that will be provided to boards in their quarterly operational funding payments.

Information about the timing of the first payment will be advised to Boards in the New Year.

When will the settlement be paid for union members?

The pay increases will take effect from 29 November with payment of the new rates to be made in March 2020.
Any arrears for pay due work done from the 29 November will also be paid out in March

What about for people on an Individual Employment Agreement (IEA)?

Non-union employees who were employed on the day the IEA is promulgated, and who sign the new IEA by 29 Feb 2020, will be eligible for arrears from 13 December 2019. They will receive the new rates and arrears in 2020. If the new IEA is signed after 29 February they will receive the new rates from the date the IEA is signed.

Key features of the settlement of the Support Staff in Schools' Collective Agreement

Remuneration

The table below outlines the changes to the printed rates for grade A, grade B, grade C and grade D including merging the current steps 1 through 8 into a new step 1.

Base salary rate increases will take effect from 29 November 2019 with a further increase on 27 November 2020:

Employees in the Executive Management Group have a new minimum entry point of $77,250 from 29 November 2019 and $79,567 from 27 November 2020.

Professional Learning and Development Fund for Teacher Aides

Earlier this year the Ministry, NZEI Te Riu Roa and Post Primary Teachers’ Association (PPTA) entered into an Education Accord that included a focus on the support staff workforce, in particular:

“how do we develop and deploy a para-professional workforce employed by Boards that supports teaching and learning”

Subsequently, included in the SSSCA settlement is a teacher aide learning and development fund of $500,000 for the period 1 July 2020 to 30 June 2021, and $290,000 available for the period 1 July 2021 to February 2022.

Information about how this fund can be accessed will be made available prior to opening of the fund on 1 July 2020.

Health and Safety and Wellbeing

  • Health and Safety - Amend wording to clause 7.2. This new wording encourages increased support staff participation in their school’s health and safety culture.
  • Wellbeing - The Ministry is committed to ongoing work on wellbeing with the education sector under the Education Accord which includes implementation of a wellbeing framework and associated tools and resources.

Key features of the settlement of the Kaiarahi i te Reo, Therapists', ATSSD, Special Education Assistants' Collective Agreement

Remuneration

The table below outline the changes to the printed rates for Kaiārahi i te reo:

StepRates effective
16 June 2018
New stepRates effective
29 November 2019
Rates effective
27 November 2020
1 $17.70 1 $21.15 $21.78
2 $17.70
3 $17.70
4 $17.94
5 $18.30
6 $18.77
7 $19.72
8 $20.21
9 $20.71 2 $21.33 $21.97
10 $21.24 3 $21.88 $22.54
11 $21.71 4 $22.36 $23.03
12 $22.23 5 $22.90 $23.59
13 $22.72 6 $23.40 $24.11
14 $23.74 7 $24.45 $25.19
15 $24.31 8 $25.04 $25.79

The table below outline the changes to the printed rates for Assistants to Teachers with Students with Severe Disabilities:

StepRates effective
16 June 2018
New stepRates effective
29 November 2019
Rates effective
27 November 2020
1 $17.70 1 $21.15 $21.78
2 $17.70
3 $17.70
4 $17.70
5 $17.70
6 $17.86
7 $18.33
8 $18.79
9 $18.83
10 $19.72
11 $20.20
12 $20.67 2 $21.29 $21.93
13 $21.15 3 $21.78 $22.44
14 $21.62 4 $22.27 $22.94
15 $22.10 5 $22.76 $23.44
16 $22.62 6 $23.29 $23.99
17 $23.13 7 $23.83 $24.54

 The table below outline the changes to the printed rates for Therapists:

StepRates effective
16 June 2018
New stepRates effective
29 November 2019
Rates effective
27 November 2020
1 $48,669 1 $50,129 $51,633
2 $51,356 2 $52,897 $54,484
3 $53,982 3 $55,601 $57,270
4 $56,636 4 $58,335 $60,085
5 $59,429 5 $61,212 $63,048
6 $62,116 6 $63,979 $65,899
7 $64,779 7 $66,722 $68,724
8 $67,614 8 $69,642 $71,732
9 $70,301 9 $72,410 $74,582
10 $73,006 10 $75,196 $77,452
11 $76,314 11 $78,603 $80,962
12 $79,398 12 $81,780 $84,233

The table below outline the changes to the printed rates for Special Education Assistants:

StepRates effective
16 June 2018
New StepRates effective
29 November 2019
Rates effective
27 November 2020
1 $17.70 1 $21.15 $21.78
2 $17.70

Summary of other changes common to both agreements

Allowances:

  • Motor Vehicle Allowance – Employees required by their employer to use their own vehicles for school business shall be paid an allowance of $0.62 per kilometre.
  • Dirty Work Allowance – renamed Tiaki Allowance
  • Overnight Allowance – amended wording to ensure guidance is made available for boards as to how they can meet their obligations to ensure all support staff are correctly paid in relation to this clause, which reflects the requirements of the Minimum Wage Act 1983 and relevant case law.

Te Matatini Leave
Funding has been provided, for the term of the agreement, for paid leave to employees to participate in Te Matatini. The parties will work together to determine the eligibility criteria, administration of the fund and guidance for employees and employees within 60 days of ratification (i.e., by mid-February 2020)

Family Violence Leave
A new clause reflecting the legislation provided in the Holidays Act 2003 has been added.

Amalgamation of the SSSCA and KRCA
The parties agreed to convene a joint working group within six months of the SSSCA and KRCA to further investigate and consult around this proposal.

Administrative and Kaiārahi Pay Equity Claim
The parties are committed to agreeing to sign a Terms of Reference for the Administrative and Kaiārahi Pay Equity claims.

Individual Employment Agreements (IEA)

Employees who are not members of NZEI Te Riu Roa or E tū but whose work could fall within the respective coverage clause of the relevant collective agreement may be offered the newly promulgated IEA to access the applicable terms and conditions of the renegotiated collective agreement.

On 13 December 2019, the Secretary for Education promulgated new IEAs so those employees who are not union members will need to sign a new IEA to access the new terms and conditions (including the increased pay rates).

The IEA is only valid if both the employer and the employee sign it, and not before 13 December 2019.

The new pay rates will be effective from the date of promulgation for those employees who were employed on the day the IEA is promulgated, if the IEA is signed on or before 29 February 2020.

Those employees who sign the IEA after 29 February 2020 the new pay rates will be effective from the date the IEA is signed by the employee.

Employers are 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. New employees who are not members of the union must be employed on an IEA based on the applicable collective agreement for the first 30 days of employment, after which they can choose to remain on the IEA or join the applicable union and become bound by the collective agreement.

Please note that if the Board and the employee do not sign the new IEA then the new provisions will not apply. Pay rates and other provisions will remain the same as provided for in the now expired collective agreement.

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

Mark Williamson, Senior Manager Employment Relations and Pay Equity, Education Workforce, Early Learning and Student Achievement
Ministry of Education, National Office, Mātauranga House, 33 Bowen Street, Wellington 6011
PO Box 1666, Wellington 6140, New Zealand, Phone 04-463 8000, Email employment.relations@education.govt.nz

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