Area School Teachers' Collective Agreement

Appendix 9: Resource Teachers / Learning and Behaviour (RTLB)

Area School Teachers' Collective Agreement
Effective: 3 July 2023 to 2 July 2025

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1.1 Clauses 1.8(e) - (g) shall only apply to changes of RTLB Cluster Lead School Employer board (RCLSE) within the area school sector, i.e., from the school board of one area school to an another.

1.2 Where an RCLSE proposes to relinquish that role, the employer shall inform the Ministry of Education National Office of the proposal.

1.3 The employer will inform the RTLBs it employs about the proposed relinquishment, and will consult those RTLBS on the proposed relinquishment, within 14 days of informing the Ministry of the proposal.

1.4 If the employer confirms the decision to relinquish its RCLSE role, the Ministry of Education will inform PPTA Te Wehengarua and NZEI Te Riu Roa about the confirmed relinquishment, and the process to be used to identify a new RCLSE.

1.5 Once a replacement RCLSE has been selected by the Ministry of Education, the ceasing RCLSE will send a letter to each of its RTLBs giving notice of the disestablishment of their role (notice of termination because the board has relinquished its RCLSE role) and the new RCLSE will then send each of the RTLBs a letter of offer, offering her/him a RTLB position; the notice of termination and offer letter will be sent at least two months before the change of RCLSE takes effect.

1.6 If the RTLB declines a transfer to a suitable4 position, the employee will not be entitled to receive any payment or other benefit (including surplus staffing entitlements) on the grounds that his or her position has ceased to exist. If the position is not considered a suitable position and the employee declines a transfer then the employee shall be entitled to the surplus staff entitlements set out in clause 3.9.7.

1.7 Any position remaining unfilled after this process will be part of a normal appointment process (clause 3.2 of this Agreement refers).

1.8 Where an RTLB transfers to a new RCLSE as a result of the former RCLSE relinquishing its role, the RLTB:

1. 1. Will be bound by the collective agreement which covers the new RCLSE.
   2. Will transfer on to a base salary step no less than what was received while employed by the former RCLSE.
   3. Will retain the permanent salary unit allocated to the RTLB position.
   4. Will retain the special duties increment allowance.
   5. Will retain the number of permanent Leadership Payments allocated by the former RCLSE for one year from the date of commencement with the new employer whilst the RTLB continues to hold an RTLB position.
   6. Retains additional permanent unit(s) and/or allowances allocated by the former RCLSE for one year from the date of commencement with the new employer whilst the RTLB continues to hold an RTLB position with the new employer.
   7. Retains additional fixed term unit(s) and/or allowances allocated by the former RCLSE for the lesser of the term of the appointment agreed or for a maximum of one year whilst the RTLB continues to hold an RTLB position.
   8. Retains payments made under the Staffing Incentive Allowance or the High Priority Teacher Supply Allowance (HPTSA) provisions as long as they continue to be employed by an RCLSE which attracts such allowances.
   9. Retain continuous service for leave purposes.

1.9 RTLB who are or who become housed in host schools which attract the HPTSA or the Staffing Incentive Allowance, shall also be entitled to such allowances, provided that these allowances are not payable in respect of both the RCLSE and host school.

1.10 RTLB employed in a fixed term position will be offered employment to a suitable position with the new lead RCLSE for a fixed term corresponding with the remaining period of their original fixed term position.

* A ‘suitable position’ is a position that is:

1. generally similar in role, duties and status; and
2. requires similar qualifications, training, skills and experience but may have a different title/or unit allocation; and
3. is in the same general locality; and
4. is on terms and conditions of employment that are no less favourable than those that applied to the employee immediately before the offer of employment.

APPENDIX A

1.1 The following provisions shall apply to RTLB in regard to the 2011 reorganisation of the RTLB Service to deal with the formation of new clustering arrangements and to provide an orderly process to retain employment opportunities.

For the purpose of the clauses below:

1. 1. A ‘lead school employer’ is a school in a new or transformed cluster which has taken on the role of employing all RTLB within the new cluster.
   2. A ‘ceasing school employer’ is a school that is ceasing to receive cluster resourcing for the RTLB they currently employ and which is therefore disestablishing existing RTLB positions.

1.2 When the new lead school employer is identified, and where it is not the current employing school, the ceasing school employer shall write to each RTLB it employs giving notice of disestablishment of her/his position from 27 January 2012.

1.3 Concurrently the new lead school employer will write to all permanent RTLB in ceasing employing schools in the transformed cluster and offer her/him an equivalent¹ RTLB position in the transformed cluster.

1.4 Where an RTLB accepts the offer from the lead school employer s/he shall be appointed to that position, subject to the provisions below.

RTLB who accept a position with a new lead school employer shall:

1. 1. transfer on to a base salary step no less than currently received.
   2. retain additional permanent unit(s) and/or management allowances allocated by the current employer under clauses 3.4 and 3.5 of the ASTCA for one year from the date of commencement with the new employer whilst the RTLB continues to hold an RTLB position in the new cluster.
   3. retain additional fixed term unit(s) and/or management allowances allocated by the current employer under clauses 3.4 and 3.5 of the ASTCA for the lesser of the term of the appointment agreed or for a maximum of one year whilst the RTLB continues to hold an RTLB position in the new cluster.
   4. retain payments made under the Isolation Allowance (clause 3.23), the Area Schools Priority Teacher Supply Allowance (clause 3.21) or the Staffing Incentive Allowance (clause 3.20) as long as they continue to be located in the school which attracts such allowances.
   5. retain continuous service for leave purposes.
   6. retain any entitlement under clause 7.1 to receive full removal expenses upon moving out of an area school to another permanent position in the education service. Provided the criteria of service contained in clause 7.1 is met, the entitlement to full removal expenses shall also be paid, once only, to an RTLB who moves out of either a lead school employer or a host school, which is not an area school:
      1. 1. at the initiation of the lead school employer, to a new host school within the cluster but in a new housing district, or;
         2. at the initiation of the RTLB, to another permanent position in the education sector.

1.5

1. 1. Permanent RTLB who decline the offer of employment from the lead school employer shall be deemed to be in disestablished positions and the normal surplus staffing entitlements in clause 2.13.4 shall apply except that, for the avoidance of doubt, the parties agree that;
      1. 1. those provisions pertaining to school mergers or closures shall not apply, and;
         2. 2.13.2(e) does not apply.
   2. The requirements relating to the refund of severance payments in clause 2.13.4(3)(f) and clause 2.13.4(4)(d) shall apply to RTLB taking up fixed term employment as well as permanent employment.

1.6 RTLB shall notify their ceasing employer and the new lead school employer of their decision to accept or decline the new position no later than 21 November 2011 and, if they decline it, which option they have chosen no later than 27 January 2012.

1.7 Any position remaining unfilled after this process will be part of a normal appointment process (clause 2.2 of this Agreement refers).

1.8 RTLB who are or who become housed in host schools which attract the Isolation Allowance, the Area Schools Priority Teacher Supply Allowance, or the Staffing Incentive Allowance, shall also be entitled to such allowances, provided that these allowances are not payable in respect of both the lead and host school.

1.9 For the purposes of this variation those RTLB employed in a fixed term position which will extend beyond 28 January 2012 will be offered employment to an equivalent RTLB position with the new lead employer for a fixed term corresponding with the remaining period of their original fixed term position.

1.10 Coverage

The parties agree to vary clause 1.3 ASTCA as follows:

1.3.1 This agreement covers teachers (excluding principals) employed in area schools and RTLB referred to in clause 1.3.2(c) below.

1.3.2(c) Those RTLB who are no longer covered by clause 1.3.2(a) of this collective agreement after 28 January 2012 (but who were covered by it as at 27 January 2012) and who accept employment in the new lead employing school, so long as they remain employed as an RTLB with that lead school employer, and retain their union membership as at 27 January 2012.

1.11 Remuneration Cluster Managers and RTLB Lead Practitioners

The parties agree to vary Part Three ASTCA by adding the following clauses:

3.29 Leadership Payments
Boards with lead school responsibility for RTLB employed within a cluster will be entitled in any one school year, to a number of leadership payments of $2,000 generated by formula in the relevant staffing order. The Board will allocate these leadership payments to the cluster manager or any RTLB with designated responsibility for providing leadership.

3.30 Cluster Manager Remuneration
The remuneration of a permanent full-time cluster manager appointed to a Ministry of Education approved RTLB cluster shall comprise of:

• • A base salary as per clause 3.1.1
  • An allowance equivalent to the Special Duties Increment Allowance paid to all RTLB (clause 3.17)
  • One unit per annum (as per clause 3.4.2).
  • Any leadership payments allocated under clause 3.29 above.