Support Staff in Schools' Collective Agreement

Dated this 17th day of June 2022:

 

for and on behalf of [Employer]
Tim Day, Senior Adviser, Employment Relations, Ministry of Education

 

for and on behalf of [Unions]
Eleanor Hughes, Executive Officer - Industrial, for the New Zealand Educational Institute - Te Riu Roa

 

on behalf of Advocate for E Tū

 

Witnessed by:
Kate Lethbridge, Principal Adviser, New Zealand School Trustees Association

2.1.1 Attention is drawn to s 597 of the Education and Training Act 2020 which outlines the responsibilities of the employer with regard to the operation of a personnel policy that complies with the principles of being a good employer and the equal employment opportunity responsibilities of the employer.

2.1.2 Pay and Employment Equity -The Ministry of Education and Union parties bound by this collective agreement agree that remuneration, job choice, and job opportunities in the state education…

1.1.1 The parties to this agreement shall be NZEI Te Riu Roa, E Tū and the Secretary for Education acting under delegation from the Public Service Commissioner made pursuant to clause 6 of Schedule 3 of the Public Service Act 2020 and in accordance with s 586(5) of the Education and Training Act 2020.

2.2.1 Where an employer intends to fill a position that is vacant in the school (other than with a fixed term employee) the employer shall wherever practicable, notify or advertise the vacancy in a manner sufficient to enable suitably qualified persons to apply for the position.

2.2.2 Attention is drawn to s 603 of the Education and Training Act 2020 insofar as it provides that the person best suited to the position shall be appointed. In applying that provision the employer will have regard to…

10.2.1 The following provisions shall not apply to any fixed term employee (see clause 2.3.3). The provision in relation to staff affected by a merger of two or more schools are set out under clause 10.3 and any provisions in clause 10.2 will only apply where they are specifically provided for in clause 10.3.

10.2.2 A surplus staffing situation may arise when the work undertaken by the employee ceases to exist. This may be the result of the restructuring of the whole or any part of the employer…

5.2.1 All employees required by their employer to wear protective clothing shall be provided with appropriate garments. The garments will be laundered at the employer’s expense. The clothing shall remain the property of the employer and shall be returned promptly where the employee ceases employment with the employer.

5.2.2 Where employees, in the course of their employment are expected to work in swimming pools assisting children with special needs, the employer shall meet the cost of swimwear…

1.3.1 This agreement is binding on every employer as defined in clause 1.6.3.

1.3.2 This agreement is applicable to every employee employed by an employer.

1.3.3 This agreement is not applicable to employees employed by an employer as one of the following:

Principal
Teacher
Adviser to teachers
Speech language therapist
Occupational therapist
Physiotherapist
Community worker
Pre-school worker
Cleaner
Caretaker
Ground-staff worker
Building maintenance worker
School transport driver
After school…

3A.3.1 The parties have agreed on a Teacher Aide Work Matrix Table for employees who, however designated or described, routinely undertake the work described in that table. The Work Matrix Table sets out the most common skills, responsibilities and demands that apply to teacher aides working within Grade A, Grade B, Grade C or Grade D. The Work Matrix Table will apply from 12 February 2020.

3A.3.2 The employer will need to assess the regular and ongoing skills/demands/responsibilities of each t…

10.3.1 The purposes of these provisions are to:

Provide a staffing merger process that facilitates a fair and orderly transition;
Ensure an appropriate structure is in place to enable the merged school to function efficiently and effectively;
Ensure that as many employees as possible currently employed in a merging school are re-assigned or re-confirmed to positions in the merged school;
Ensure that employees of the merging schools who are not reconfirmed or reassigned to positions in the merge…

… Except where an employee has long service leave entitlement under clause 1.5.1, an employee shall on the completion of 25 years’ continuous service be granted four weeks’ long service leave with pay.

6.4.2 On the completion of 20 years' service special education assistants shall be granted 4 weeks long service leave with full pay. Such leave is to be taken within 5 years of the completion of 20 years' service.

2.4.1 All hours of required work shall be paid at the appropriate rate.

2.4.2 The hours of work and the weeks of work per year of employees will be set by the employer in accordance with the requirements of the school and where applicable will include consideration of the following:

Time spent on school business, trips, camps, meetings, preparation for classroom and individual learning support;
Attendance at Individual Education Plan (IEP) meetings and regular consultation time with the teache…

1.4.1 The parties agree that the terms and conditions in this agreement may be varied at any time by written agreement between NZEI and E tū and the Secretary for Education acting under delegation from the Public Service Commissioner made pursuant to clause 6 of Schedule 3 of the Public Service Act 2020.

3.5.1 The employer will determine job descriptions and/or other written requirements for all positions.

3.5.2 Where a job description and/or written requirements for an existing position do not exist, the current employee will be consulted in determining a job description.

3.5.3 The job description and/or written requirements for the position will be reviewed as part of the annual appraisal under clause 3.8.1.

3.5.4 The job description and/or written requirements may be updated by the employe…

1.5.1 Employees who at 30 August 1992 had conditions in excess of those provided for in this agreement in respect of:

Long Service Leave;
Retirement Leave;
Resigning Leave; and
Maternity Grant

in accordance with the previous applicable contract agreement, NZ Support Staff in Schools Composite (DOC 2646), will continue to be eligible for these entitlements. These provisions are available at http://www.education.govt.nz/school/working-in-a-school/other-staff/support-staff/.

3B.5.1 The employer will determine job descriptions and / or other written requirements and the applicable Work Matrix Grade for all positions as part of the recruitment process.

3B.5.2 Upon appointment to an administration position, the employee’s role must be placed in a Work Matrix Grade using the Administration Support Staff Work Matrix Table set out in 3B.2.1.

3B.5.3 The Work Matrix Grade of each role will be determined by identifying one or more of the highest level skills / demands / re…

2.6.1 A fixed term employee employed under clause 2.3.3(a)(ii) whose position is funded by an external funding agency other than the Ministry of Education may have their hours or weeks of work varied at the completion of each three month period from the date of appointment where that funding is varied by the external agency. No hours shall be reduced under this provision before a reduction in funding by the external agency takes effect. Notice is provided to the employee of the variation as soon…

1.6.1 Unless otherwise specified, terms in this agreement will have the same meaning as the Employment Relations Act 2000 and other relevant legislation.

1.6.2 “Employee” means a person to whom this agreement is applicable under clauses 1.3.2, 1.3.3 and 1.3.4.

1.6.3 “Employer” means the board (or Commissioner if applicable) of a state or integrated primary, intermediate, secondary or composite school, as defined in the Education and Training Act 2020. It does not include the board of Te Aho o…

3A.6.1 The employer will determine job descriptions and / or other written requirements and the applicable Work Matrix Grade for all positions as part of the recruitment process.

3A.6.2 Upon appointment, each teacher aide role must be placed in a Work Matrix Grade (A, B, C, or D) using the Work Matrix Table set out in clause 3A.3.3.

3A.6.3 The Work Matrix Grade of each role will be determined by identifying one or more of the highest level skills / demands / responsibilities, as set out in the…

… up to 52 weeks.
6.8.4 On returning from parental leave the employee is entitled to resume work in the same or similar position to the one they occupied at the time of commencing parental leave.

6.8.5 Parental Grant - The following provisions apply to special education assistants:

where an employee who was absent on primary carer leave of 12 months returns to duty before or at the expiration of the leave and completes a further six months service, they qualify for a payment equivalent to 30 wo…

3B.8.1 Where an employee, who takes primary carer leave (as defined in section 2 of the Parental Leave and Employment Protection Act 1987) after 4 July 2022, returns to duty before or at the expiration of their parental leave and completes a further 6 months service, they qualify for a payment equivalent to 6 weeks’ pay, at the rate applying for the 6 weeks immediately prior to the commencement of parental leave.

3B.8.2 Provided that, if both parents are employed in the school, or the employee&…