Secondary Principals' Collective Agreement
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Part One: Application of the Agreement
Secondary Principals' Collective Agreement
Effective: 2 September 2019 to 1 September 2022
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1.1.1 This agreement is entered into by:
- The Secretary for Education acting under delegation from the State Services Commissioner made pursuant to section 23 and acting in accordance with section 74(5) of the State Sector Act 1988 (as amended by the Employment Relations Act 2000); and
- The New Zealand Post Primary Teachers’ Association (NZPPTA); and
- The Secondary Principals’ Association of New Zealand Inc (SPANZ Union).
1.1.2 In terms of section 74(6) of the State Sector Act 1988 (as amended by the Employment Relations Act 2000), this agreement is binding on:
- Principals employed in State or State integrated secondary schools, as defined in 1.4.1(g), who are or who become members of the NZPPTA or who have given or who give their bargaining authority to SPANZ Union;
- Every employer of a principal described in clauses 1.1.2(a).
1.1.3 In relation to new boards of trustees the parties agree that:
- Where a new board of trustees of a school is created from the establishment of a new State secondary (including integrated) school or the amalgamation or merger of any employers bound by this agreement, then the new board shall in terms of clause 1.1.2(b) also be bound by this agreement;
- Any board bound by this agreement in terms of clause 1.1.2(b) which whilst remaining a State secondary (including integrated) school changes its name shall remain bound by this agreement;
- In accordance with section 74 (6) of the State Sector Act (as amended by the Employment Relations Act 2000), any board employing a principal who authorises the NZPPTA or SPANZ Union to represent them shall become bound by this agreement.
1.1.4 In relation to new appointments to the position of principal of a secondary school the following provisions will apply:
- Where the principal is a member of the NZPPTA or has given their bargaining authority to SPANZ Union, the principal shall be employed according to the terms of this agreement and shall become bound by it;
- Where the principal is not a member of NZPPTA nor has given their bargaining authority to SPANZ Union, the principal shall be employed according to the terms of this agreement for the first 30 days, advised that she/he may join either NZPPTA or SPANZ Union and how to contact them and informed that if she/he joins either organisation, she/he shall become bound by this collective agreement.
1.1.5 All previous contracts or agreements shall be superseded by this agreement.
1.2 Name of Agreement
1.2.1 This Agreement shall be called the Secondary Principals’ Collective Agreement and referred to as "the agreement".
1.4.1 The following definitions apply unless the agreement otherwise specifies:
- "Advertised" means advertised in the Education Gazette;
- “NZPPTA”, means the New Zealand Post Primary Teachers’ Association and “union” or “association” shall have the same meaning;
- "Employer" or “board” shall mean a board of trustees or where a Commissioner has been appointed under Part 9 of the Education Act 1989 to act in place of the board of trustees, the Commissioner. Note: In relation to a dispute about the interpretation, application or operation of this agreement, the employer shall act, if the State Services Commissioner and/or the Secretary for Education acting under delegation so requires, together or in consultation with the State Services Commissioner and/or the Secretary for Education;
- “Employee” means a principal who is, or who becomes bound by this agreement under its coverage provisions;
- "Principal" shall mean a secondary school teacher who has been fully registered or provisionally registered or registered subject to confirmation by the Teaching Council of Aotearoa New Zealand (Teaching Council) and who has been appointed to the position of principal of a secondary school;
- “SPANZ Union” shall mean the Secondary Principals’ Association of New Zealand Inc;
- “Secondary school” shall mean a year 9-13 (form 3-7) or a year 7-13 (form 1-7) school. This includes junior high schools and senior high schools.
1.5 Declaration Pursuant to State Sector Act
1.5.1 Pursuant to section 75(1) of the State Sector Act 1988 the terms and conditions contained in this agreement are declared actual terms and conditions, provided that concurrence may be given from time to time by the Secretary for Education under authority delegated from the State Services Commissioner to additional terms and conditions, where such terms are not inconsistent with the terms and conditions contained in this collective agreement; and/or to salary rates or allowances being treated as minimum rates, where there is agreement to this between the employer and the principal.
Note: Where a principal had such a concurrence issued by the State Services Commissioner or the Secretary for Education on the coming into force of this collective agreement, that concurrence is rescinded and if it continues to be required, the employing Board will need to reapply to the Secretary for Education. Further information on concurrences can be found on the Ministry of Education's website at www.education.govt.nz
1.6 Variation Clause
1.6.1 The parties agree that the terms and conditions contained in this agreement may be varied at any time by written agreement between NZPPTA and SPANZ Union on behalf of employees bound by this agreement and the Secretary for Education, acting under delegation from the State Services Commissioner made pursuant to section 23 of the State Sector Act 1988; any such variation thereby binding employers of employees covered by the agreement in accordance with section 74(6)(a) of the State Sector Act 1988 (as amended by the Employment Relations Act 2000).
1.7 Retirement Savings
1.7.1 Principals are eligible to join Kiwisaver schemes in accordance with the terms of those schemes.
1.7.2 Employer or government contributions to retirement or superannuation schemes which are closed to new members (and include the Teachers’ Retirement Savings Scheme, the State Sector Retirement Savings Scheme and the Government Superannuation Fund), shall continue in accordance with the terms of those schemes.
1.7.3 A principal can receive an employer contribution to only one retirement scheme. A principal can choose which scheme that employer contribution shall go to and is advised to consider the terms and conditions of each scheme in exercising that choice.