Area School Principals' Collective Agreement

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Area School Principals' Collective Agreement [PDF, 531 KB]

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Part 8: Disestablishment

Area School Principals' Collective Agreement
Effective: 6 September 2019 to 5 September 2022

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  • 8.1 Disestablishment
    • 8.1.1 Where the staffing requirements within the school have been reviewed by the Board (including as a consequence of the school’s amalgamation, merger, change of status, and/or closure), and the Principal’s position is to be disestablished, no less than three months notice in writing of this shall be given by the Board to the Principal and the provisions of Schedule B shall apply.

      8.1.2 In the situation of a merger or amalgamation of schools, the Principals’ positions in all the affected schools, shall be disestablished. The new position of Principal in the merged or amalgamated school shall be advertised pursuant to the State Sector Act 1988.

  • 8.2 Employment Protection Provisions
    • 8.2.1 ‘Restructuring’ is given the same definition as in section 69OI of the ERA 2000 and includes:

        1. Contracting out; or
        2. Selling or transferring the employer’s business (or part of it) to another person;

      but excludes mergers, and school reorganisations as defined in clause 8.1

      8.2.2 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 1.8) the employer will notify the National Offices of NZEI and PPTA 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:

        1. Identify the issues the employee wishes to have considered by the new employer;
        2. Ensure that all current terms and conditions of employment of the employee are accurately recorded; and
        3. Determine the process by which communications to/from the employee will be conducted.

      8.2.3 The employer will encourage the new employer to agree to the involvement of the union(s) in the processes described in clauses 8.2.4 and 8.2.5 below

      8.2.4 Having completed the process described in 8.2.2 above, the employer will meet with the new employer to:

        1. 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
        2. Seek a proposal for the employment of the affected employee by the new employer, including clarification of the terms and conditions upon which those employee would be offered employment by the new employer.

      8.2.5 The following shall be matters for clarification under clause 8.2.4(b) and again should be read in conjunction with the surplus staffing provisions of this collective agreement.

        1. The number and type of positions that may be offered by the new employer to the employee affected by the restructuring;
        2. 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);
        3. The arrangements, if required, for the transfer of any accrued benefits and entitlements in relation to those employees;
        4. 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 and NZPPTA.

      8.2.6 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 Schedule B. This clause 8.2 as a whole shall be read in conjunction with those provisions.