Primary Teachers' Collective Agreement
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Appendix 8: 2012 Amalgamation of SLS and RTLB Surplus Staffing Provisions
Primary Teachers' Collective Agreement
Effective: 1 July 2019 to 30 June 2022
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2012 Amalgamation of the Supplementary Learning Support (SLS) and Resource Teacher: Learning and Behaviour (RTLB) services Surplus Staffing Provisions
1. Definitions for the purpose of this Appendix
1.1 "Amalgamation" shall mean the 2012 Amalgamation of the Supplementary Learning Support (SLS) and Resource Teacher: Learning and Behaviour services in the period from August 2012 to February 2013.
1.2 "Employing board" shall mean a school board employing SLS teachers at the time of the amalgamation.
1.3 "Employee" shall mean a teacher designated as an SLS who is a permanent employee of a school employing SLS teachers and who are subject to any staff surplus process that occurs as a consequence of the amalgamation process.
2. Purpose of the Provisions
2.1 These provisions recognise that the amalgamation is a one-off event involving the disestablishment of the SLS positions and the advertising of new RTLB positions in 2012.
2.2 The purpose of these provisions is to provide a process that facilitates a fair and orderly transition from existing to new arrangements.
3. Initiation of the Amalgamation
3.1 The Secretary for Education shall notify NZEI Te Riu Roa of the initiation of the amalgamation upon the Minister of Education’s decision on the options under which the amalgamation shall proceed.
4. Voluntary Options
4.1 Following written confirmation by the Secretary to the employing boards and the union that existing SLS positions are to be disestablished and of the appointment process for filling new RTLB positions in the course of the amalgamation the employing board shall seek written expressions of interest in the following voluntary options:
- Redeployment/supernumerary employment of 40 (forty) school weeks with the employing board where this assists in the transition of students in the amalgamation;
- Redeployment/supernumerary employment of 30 (thirty) school weeks in another school (clauses 8.2-8.9) where this assists in the transition of students in the amalgamation);
- Retraining (clause 8.10);
- Long-service payment; (clause 8.11);
- Severance (clause 8.12).
The employing board shall acknowledge in writing any expression of interest arising under this clause.
4.2 Employees may continue to volunteer for the options without prejudice or withdraw from them at any point following the announcement of the final staffing structure of the RTLB Service.
4.3 The employing board shall not be bound to agree to any voluntary offer.
5. Alternative or Equivalent Positions
5.1 Where the employing board is able to provide an alternative position within the school then this may be offered to the SLS and if accepted the provisions of clause 8.1 will not apply.
5.2 Where an equivalent position is offered by the employing board, the provisions of 8.1 will not apply.
"Equivalent position" shall mean employment in an equivalent position, in relation to the employee’s previous position, that is:
- generally similar in role, duties and status; and
- requires similar qualifications, training, skills and experience but may have a different title/or unit allocation; and
- is in the same general locality; and
- 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.
6. Notice and Disestablishment of Positions
6.1 Any employee who is not appointed in terms of clause 5 or who is not appointed to an RTLB position shall be deemed to have had their position disestablished and clause 8.1 shall apply.
6.2 A minimum of two months notice shall be given of all positions which are to be disestablished.
6.3 Employees whose positions are disestablished, and who have not already identified voluntary options, shall be offered the options identified in clause 8.1 at least two months before the effective date of disestablishment.
6.4 If, during the two-month notice period, a suitable permanent position arises at the employing board the employee may seek appointment to that position and if he/she is suitably qualified and experienced he/she may be appointed to that position and no options under clause 8.1 will apply.
6.5 The options identified in clause 8.1 shall be available at the date of disestablishment or earlier by agreement with the employing board. The final date of disestablishment shall be the end of the 2012 school year.
7. Reduction of hours for permanent part-time teachers
7.1 A permanent part-time employee who is offered a position with reduced hours at the employing board may elect either:
- That the position has been disestablished and the provisions of clause 8 shall apply; or
- To accept the position in which case a partial redundancy payment will be payable by the employer.
7.2 Partial redundancy compensation will be calculated on the basis of applying the severance pay formula described in clause 8.12 of this Appendix to the reduction in salary rate between the two positions. This compensation shall be paid as an allowance over the number of weeks of entitlement. Should the employee’s salary rate increase over this period the allowance will be reduced or removed accordingly.
8. Staff Surplus entitlements in employing boards
Note: the provisions in this clause are not in addition to the staff surplus provisions in Part 9 of this Agreement.
8.1 Employees in a disestablished position are entitled to elect one of the following options:
- Redeployment/supernumerary –
- Be redeployed for 40 school weeks within the employing school, where this assists in the transition of students in the amalgamation; or
- Be redeployed for 30 school weeks at any other school requested by the employee with the approval of the employing board and of the board of that other school where this assists in the transition of students in the amalgamation;
- During this time the employee shall continue to seek a suitable alternative position; or
- Retraining - undertake a suitable course of retraining approved by the Secretary for Education, for 30 school weeks which enhances or upgrades the employee; or
- Long service payment as per clause 8.11; or
- Severance payment as per clause 8.12.
8.2 The following redeployment/supernumerary procedures shall apply to a permanently employed employee who is redeployed under clause 8.1(a).
8.3 The employer shall assist the employee to find a suitable alternative position and will meet the reasonable costs of attending relevant interviews.
8.4 Where an employee has been granted redeployment under clause 8.1(a) and a position equivalent to that held previously as an SLST becomes vacant at the school at which the employee is redeployed, the employee shall be offered the vacant position.
8.5 Where an employee declines placement under clause 8.4 in a position that is equivalent to that held previously as an SLST or accepts an offer of appointment at the same or higher level from another board, that employee’s employment shall be terminated without further compensation.
8.6 An employee may, during their period of redeployment, subject to agreement between the employee and their employer, undertake a defined special project(s) of work.
8.7 At the end of the period of redeployment if a permanent position has not been secured the employee’s employment shall be terminated. If the employment is likely to be terminated in these circumstances the Board of Trustees shall advise the employee in writing of this not less than one month before the expiry of the period of redeployment.
8.8 If a transfer of location is involved for a full-time SLS, employees employed under clause 8.1(a) may elect to be reimbursed removal expenses according to Part 6 of this Agreement in one or another but not both of the following circumstances:
- Where the employee transfers to another school to continue employment pursuant to clause 8.1 (a); or
- Where the employee transfers to a school where they have been appointed to a new permanent position.
8.9 Upon termination of the supernumerary period as per clause 8.1(a)(i) or clause 8.1(a)(iii), employees who complete their supernumerary period and have yet to secure a permanent position in another state or state-integrated school, will retain an entitlement to removal expenses as per Part 6 of this Agreement for a period of 12 months from the cessation of their supernumerary employment. This entitlement will cease on permanent appointment to another teaching position in a state or state-integrated school.
8.10 The following shall apply to an employee who is retraining under clause 8.1(b):
- There is no requirement on the employer to meet any costs and expenses of training, including course fees.
- At the end of the period of retraining if a permanent position has not been secured the employee’s employment shall be terminated. If the employment is likely to be terminated in these circumstances the Board of Trustees shall advise the employee in writing of this not less than one month before the expiry of the period of retraining.
8.11 An employee may elect to receive Long Service Payment in accordance with clause 8.1(c). To be entitled to a long service payment the employee must have not less than twenty five years service. The payment will be based on the following table at the time of termination.
Length of service Weeks of payment Over 25 and up to 30 years 25 weeks Over 30 years 30 weeks
8.12 An employee may elect to receive a severance payment in accordance with clause 8.1(d). Severance is to be paid based on the following table:
Length of service Weeks of payment (ordinary pay) Up to three years 7 weeks Over 3 years and up to 5 years 15 weeks Over 5 years 23 weeks
8.13 Payment of long service payment or severance under clauses 8.11 or 8.12 is subject to the following provisions:
- Where an employee who has received a long service payment or severance commences employment in a state or state-integrated school within a number of weeks which is less than the number of weeks of payment received under clauses 8.11 or 8.12 the employee shall refund the difference between the number of weeks for which they were without employment and the number of weeks for which severance or long service payment was received;
- Payment under this provision is conditional on the employee finishing on an agreed date. Where the employee resigns her/his position or is appointed to another permanent teaching position in a state or state-integrated school before the date of payment, no payment will be made;
- Any employee receiving the long service payment or severance payment will be deemed to have been paid in full for service to that date for the purpose of calculating service for any future sick leave, severance, or long service payment entitlements. Provided that an employee who is subject to clause 8.13(a) shall receive pro rata reinstatement of these service entitlements;
- For the purpose of these provisions ordinary pay is defined as basic taxable salary plus regular taxable allowances paid on a continuous basis as at the effective date that the surplus staffing takes effect. For employees on leave without pay, ordinary pay shall be the ordinary pay at the time of taking leave.
8.14 For the purpose of clauses 8.11 and 8.12 "service" is defined as the aggregate of all employment as a teacher in state or state-integrated schools and/or service as a trained and certificated teacher in the employment of a Free Kindergarten Association and any credit (to a maximum of 5 years credit) given for time spent on childcare pursuant to 8.1 of Appendix 6 of this Agreement.
- Redeployment/supernumerary –