This part includes a description of who can be covered by this agreement and how long the agreement will be in force.
1.1 Name of the Agreement
1.2 Parties
1.3 Coverage
1.4 Employees and Employers Bound Subsequent to Settlement
1.5 Term of Agreement
1.6 Variations
1.7 Savings
1.8 Definitions
1.9 Declaration Pursuant to Act
1.1 Name of the Agreement
1.1.1 This agreement shall be called the Area School Teachers’ Collective Agreement and referred to hereafter as the “agreement”.
1.2 Parties
1.2.1 The parties to this agreement shall be:
(a) the Secretary for Education acting under delegation from the State Services Commissioner made pursuant to section 23 of the State Sector Act 1988 and acting in accordance with section 74(5) of the State Sector Act 1988; and
(b) The New Zealand Post Primary Teachers’ Association Te Wehengarua and The New Zealand Educational Institute Te Riu Roa (referred to hereafter as “the Association” and the “Institute” respectively).
1.3 Coverage
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 This agreement shall be binding on:
(a) All employees who come within the coverage clause and who are at the commencement of the agreement or who become during the term of the agreement, members of the Institute or the Association.
(b) Pursuant to section 74(6) of the State Sector Act 1988, the employers of those teachers.
(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.
1.4 Employees and Employers Bound Subsequent to Settlement
1.4.1 New employees whose work falls within the coverage clause of this agreement shall, in accordance with the Employment Relations Act 2000, be advised of the existence of this agreement and be offered the opportunity to join the Association or the Institute and thereby become bound by this agreement.
1.4.2 Employees who join the Institute or the Association during the currency of this agreement shall become bound by this agreement from the date on which they joined.
1.4.3 The parties agree that this agreement shall become binding on any new board of trustees which employs a teacher to whom clause 1.3.1 applies.
1.5 Term of Agreement
1.5.1 This agreement shall come into force on 1 July 2019 and shall expire on 7 June 2022 except as provided for by section 53 of the Employment Relations Act 2000.
1.6 Variations
1.6.1 The parties agree that the terms and conditions of this agreement may be varied at any time by written agreement between the Secretary for Education, under delegation from the State Services Commissioner made pursuant to section 23 of the State Sector Act 1988, and the Association and the Institute. Any variation shall take effect from the date of settlement unless otherwise specified.
This part includes a description of who can be covered by this agreement and how long the agreement will be in force.
1.7 Savings
1.7.1 Unless otherwise specified the terms and conditions of employment of every teacher covered by this agreement will be identical with those that applied prior to 1 April 1988.
1.8 Definitions
1.8.1 The following definitions apply unless the agreement otherwise specifies:
(a) Except for fixed term positions of responsibility “advertised” means advertised nationally.
(b) “Association”, means the Post Primary Teachers’ Association Te Wehengarua (PPTA Te Wehengarua) and “Institute” means the New Zealand Educational Institute Te Riu Roa (NZEI Te Riu Roa). “Unions” means both the Association and the Institute.
(c) “Employer” shall mean a board of trustees or a Commissioner where a Commissioner has been appointed under Part 9 of the Education Act 1989 to act in place of the board of trustees, of a state or integrated school which employs teachers as described under clause 1.3 above. It also means a new board of trustees of a school created by the establishment of a new state or integrated school, or by the amalgamation of two or more existing schools where either event occurs during the term of this agreement as described in clause 1.5 above. (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.)
(d) “Employee” means any person who is or becomes bound by this agreement under clauses 1.3 or 1.4.
1.9 Declaration Pursuant to Act
1.9.1 Pursuant to section 75(1) of the State Sector Act 1988 the terms and conditions of this agreement shall be actual terms and conditions.
1.9.2 Provided that the Secretary for Education may approve additional terms and conditions of employment where such terms are not inconsistent with the terms and conditions of this agreement.