Dated 16 March 2011
Secondary Teachers' Collective Agreement Terms of Settlement 16 March 2011
This document sets out the agreed components of the settlement of the Secondary Teachers’ Collective Agreement 2011 – 2013. This collective agreement has been settled between the Ministry of Education and the Post Primary Teachers’ Association (PPTA) and shall be subject to ratification by PPTA members pursuant to section 51 of the Employment Relations Act 2000.
The document comprises both the following elements of the settlement and attachments which provide specific clauses/changes to the provisions of the collective agreement. Full details of each provision are contained in the agreement, including appendices.
The Secondary Teachers’ Collective Agreement shall be effective from the date of settlement of the collective agreement (16 March 2011) and will expire on 15 January 2013.
The parties agree that they will meet to agree on a bargaining process agreement and then to present their respective claims for a new Secondary Teachers’ Collective Agreement in mid October 2012. The parties agree that bargaining can commence following the presentation of claims, notwithstanding that this may be prior to the formal initiation of bargaining for a new Secondary Teachers’ Collective Agreement.
1. Lump Sum Payment
All trained teachers (i.e. teachers who hold a recognised teaching qualification) who are covered by the Secondary Teachers’ Collective Agreement at the date of settlement shall be entitled to receive a one-off gross payment of $300 (pro-rata for part-time teachers as at the date of settlement).
All untrained teachers (i.e. teachers who do not hold a recognised teaching qualification) who are covered by the Secondary Teachers’ Collective Agreement at the date of settlement shall be entitled to receive a one-off gross payment of $800 (pro-rata for part-time teachers as at the date of settlement).
Teachers who were covered by the Secondary Teachers’ Collective Agreement at the date of settlement and who are on approved leave under Part 6 of this collective agreement at the date of settlement shall be entitled to receive the payment on their return to their permanent positions providing that they return on or before 30 June 2011.
Short-term relievers as at 5pm on the date of settlement shall be entitled to receive the payment pro-rata based both on their employment status and on the number of school days (128) between 19 July 2010 and 15 March 2011 for which they have been employed.
A trained teacher may not receive more than $300 gross in total and an untrained teacher may not receive more than $800 gross in total.
2. Salary Scales
Base scale salary adjustments for trained teachers, who will translate to the new step on the Base Scale – Trained Teachers on 13 April 2011, are as follows:
| Current step | New step 13 April 2011 |
| 1 | N/A |
| 2 | N/A |
| 3 | S1 |
| 4 | S2 |
| 5 | S3 |
| 6 | S4 |
| 7 | S5 |
| 8 | S6 |
| 9 | S7 |
| 10 | S8 |
| 11 | S9 |
| 12 | S10 |
| 13 | S11 |
| 14 | S12 |
A separate base scale for untrained teachers will be introduced – Base Scale – Untrained Teachers.
No teacher’s increment date will change as a result of translation to the Base Scale – Trained Teachers or the introduction of the Base Scale – Untrained Teachers.
Refer clause 4.1
3. G Notations and Qualifications for salary purposes
The G notations are amended for clarity.
Add to Note 1 that Level 8 qualifications shall contain at least 72 credits at level 8.
Add a new Note 4 – “Overseas teachers’ who are assessed by NZQA as holding a comparable teacher education qualification (including a level 7
Graduate Diploma of Teaching) but no subject/specialist qualification defined by the ‘G’ notations, shall be placed in G2.”
The parties agree that the matter covered by the new Note 4 will be referred to the issues committee in accordance with Note 7. In the event that the issues committee resolves a different placement under the ‘G’ notations it is agreed that any new ‘G’ qualification group shall apply to any teacher placed in G2 during the term of this collective agreement in accordance with the new Note 4.
Consequential renumbering of Notes 4 to 5, 5 to 6 and 6 to 7 respectively.
A new clause is added to clause 4.2.2. to assist those teachers who commence their first teaching position within six months prior to the completion of a recognised teaching qualification. For clarity:
• Any teacher who completed a recognised course of teacher education since 1 November 2007, and who applies, or who applied, for a salary assessment under clause 4.2.2 after 1 June 2008, may reapply under clause 4.2.2(e) for a salary assessment.
• This change will mean that any relevant work experience (as per Appendix A; clause 1.4) will be added to the “relevant minimum step payable for the relevant qualification group”.
Refer to clause 4.2.2 (e).
4. Middle Management Allowances
From the beginning of the 2012 school year, 1000 additional Middle Management Allowances will be generated and distributed by formula in the Staffing Order which can be allocated by the employer, following consultation with its teaching staff, to teachers who meet the criteria outlined in clause 4.3A.2.
From the beginning of the 2013 school year, a further 1775 Middle Management Allowances will be generated and distributed by formula in the Staffing Order which can be allocated by the employer, following consultation with its teaching staff, to teachers who meet the criteria outlined in clause 4.3A.2.
The new formula required for the distribution of the additional MMAs will be developed in consultation with PPTA.
Refer to clause 4.3A.
5. Senior Managers’ Sabbaticals
From the beginning of the 2012 school year, ten additional sabbaticals of 10 weeks duration will be made available for senior managers (as defined in clause 4.3B). These sabbaticals will be available only for approved professional learning. The criteria are to be developed by the parties in consultation with New Zealand School Trustees Association (NZSTA) by 1 June 2011.
Refer to new clause 6.6.7A.
6. Kapa Haka and Polyfest attendance
There is a new entitlement to teacher relief days for teachers to attend Kapa Haka and Polyfest Competitions with their students. Seventy of these days will be allocated to the national biennial Kapa Haka contest in the year the contest is being held. Thirty teacher relief days will be allocated to Polyfest competitions, which are held annually.
The allocation and co-ordination of this new entitlement will be administrated by the PPTA, in the same manner that the existing entitlement to relief teaching for the organisers of Kapa Haka is administered and in the same manner that Ngä Manu Körero is administrated, which is that principals are invited to apply directly to PPTA for the teacher relief days. The applications are verified, approved and notification sent to the Ministry of Education (Resourcing Division).
Refer to clause 3.6A.
7. Beginning Teachers Support
From the beginning of the 2012 school year the Beginning Teacher Time allowance will be applied prior to the provisions for non-contact time.
Refer to clause 3.8 and 5.25
8. Head of Department Beginning Teacher Time Allowance
From the beginning of the 2012 school year each school will receive an additional 0.04 FTTE for each year-two beginning teacher who is granted a beginning teacher allowance as in clause 3.8.
Refer to clause 3.8A.1.
9. Work Transition
From the beginning of term three 2011, the collective agreement will enable full-time teachers to reduce their hours without re-advertising the position, subject to their board’s agreement. The parties agree to develop joint administrative guidance within four months of settlement for schools to support the implementation of this change.
Refer to Note at the end of clause 3.2.2(a)
10. Relevant Work Experience other than Teaching
The parties agree to clarify that the recognised and appropriate vocational qualification applicable to the half credit for relevant work experience shall be at least NQF level 5.
Refer to Appendix A; clause 1.4.1.
A one third credit for relevant work experience; service will be counted from the completion of a recognised and appropriate NQF level 4 vocational qualification.
The parties agree that this credit shall apply only to teachers first appointed to a teaching position on or after the date of settlement. In addition, the parties agree that this credit shall also apply to teachers who meet the criteria of the clause and who graduated from the two year technology secondary teacher qualification targeting technology recruitment from 1 October 2010.
Refer to Appendix A; clause 1.4.2.
11. Teacher Competence Provisions
The teacher competence provisions will be simplified without changing their intent or application.
Refer clause 3.3.
12. Statement of the Parties
The statement of the parties is deleted from the agreement. Part Two is held in reserve within the agreement.
13. Overseas Teacher Time Allowance
The existing provisions relating to the Overseas Teacher Time Allowance will continue to apply except that a board will be able to apply for the allowance within the first twelve months of an overseas teacher’s employment, rather than within the first ten weeks of employment
Note: This is to ensure that overseas teachers are not disadvantaged by a delay in the application and/or approval of the application within the proscribed 10 week period.
Refer to clause 3.8C.
14. Te Aho o Te Kura Pounamu (The Correspondence School) lunch break
It is recognised that teachers at Te Aho o Te Kura Pounamu (The Correspondence School) may take their one hour lunch break between the hours of 12.00 (noon) and 2.00 pm (unless otherwise agreed), provided that the timing of the lunch break will not interfere with operational activities.
Refer clause 11.2.2
15. Class size
The Ministry and the PPTA agree that more work is desirable between the two parties to ensure staffing is most appropriately delivered to schools. Accordingly, the parties agree to work together to achieve the objectives of maintaining flexibility of class sizes in secondary schools, considering the impact of class size, and developing solutions for classes that are too large. This work will recognise the progress made since 2008 of employers using their reasonable endeavours to achieve, for each individual teacher with more than one class, an average class size of no more than 26 students, and the parties urge schools to further this progress.
To achieve this, the parties will establish a joint Secondary School Staffing Group composed of representatives from the Ministry, PPTA, NZSTA and principal groups. The PPTA’s General Secretary (or his nominee) and a Deputy Secretary (or their nominee) from the Ministry of Education will jointly chair the group. The group will seek to ensure an equal balance between employer and employee interests in its membership.
Terms of reference, including membership, provision of a secretariat to support the group’s work, and regularity of meeting will be drafted, with a goal to achieve agreement of all parties, prior to ratification being Page 4 of 17
complete. The parties agree to an initial exchange of information (including requests for information), and the convening of the group before 15 April 2011 (assuming ratification by the end of March 2011).
The group will complete its final report to the Secretary for Education by September 30th 2011 (again assuming ratification by the end of March 2011) that will identify current practices and any staffing changes, if needed, to meet the group’s objectives. The group will also identify appropriate mechanisms (such as the collective agreement or staffing orders) to achieve these objectives, with the first phase of implementation commencing in 2012/13.
The parties note that if any additional staffing is found to be required the cost will need to be found within Vote Education baselines.
16. Associate Teacher Allowance
The Associate Teacher Allowance of $3.19 will be the minimum rate for the allowance. Where a rate above the minimum rate is to be paid the rate shall be consistent with arrangements made between the provider and the Board.
Refer clause 4.11.1 and 4.11.1(f).
17. Outstanding Matter – non-contact for part-time employees
The parties will convene a work group to consider possible mechanisms, (and the implications of those mechanisms), for implementing equitable non-contact time for part time teachers. The group will, as part of their work, consider previous information arising from the 2004-07 Secondary Teachers’ Collective Agreement workstream and by the tripartite compulsory schooling sector Pay and Employment Equity review. The aim is to seek agreement on the mechanism fairest to the parties, employers and employees.
Consideration will be given for a way of progressing this forward such as by variation to the collective agreement or addressing as part of the next bargaining round, noting that no funding is guaranteed at the time of settlement.
The work group will complete this work within nine months from the date of settlement.
18. Incorporation of four variations agreed by the parties during the term of the previous collective agreement, as follows:
1.4(a) Coverage in Te Aho o Te Kura Pounamu (The Correspondence School) which updates the coverage clause.
1.8(e) Definition of a secondary school which clarifies that junior and senior high schools are included in the category ‘secondary school’.
4.9 Service Qualification Increment which applies the increment from the date the teacher becomes eligible through meeting service and/or qualifications criteria rather than the date the Secretary for Education approves it.
4.19 Maori Immersion Teachers’ Allowance which allowed part time teachers to receive a pro-rated MITA.
19. Technical Matters
Technical matters as agreed to and those contained in the attached schedule. These technical matters include:
• Clause 3.13 – updating the retirement provisions available for teachers;
• Clause 4.10.1 - the careers allowance can only be split in a job-share situation;
• Clause 3.8B - the clauses about the Specialist Classroom Teacher (SCT) have been brought together.
The parties on signing this document acknowledge, subject to any subsequent agreed editorial changes, that this, including the attachments, reflects the agreements reached in the settlement of the Secondary Teachers’ Collective Agreement 2011-2013.
Signed at Wellington on 16 March 2011
Marion Norton
Industrial Advocate PPTA
Nick Kyrke-Smith
Advocate for the Secretary for Education
Witnessed by
Colin Davies
Manager Services Delivery NZSTA
Variation to 2011-13 Secondary Teachers Collective Agreement.
On 27 September 2011, the parties agreed to a variation to this collective agreement to give effect to an agreement reached to resolve a number of ongoing issues with the treatment of teachers who have overseas qualifications.
This resulted in changes to clause 4.1 and Appendix A. The parties agree that these changes will not have any effect prior to 13 April 2011 (being the introduction of the trained and untrained scales into the STCA).
Signed at Wellington on 27 September 2011
………………………..
Sarah Borrell
Industrial Relations Manager
Ministry of Education
…………………………
Bronwyn Cross
Deputy Secretary
Post Primary Teachers Association
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