Secondary Teachers' Collective Agreement (STCA)

Part 1: General

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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 Application

1.4 Coverage

1.5 Employees and Employers Bound Subsequent to Settlement

1.6 Term of Agreement

1.7 Variations

1.8 Definitions

1.9 Additional Payment

 

Part Two: Reserved (no content)

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1.1 Name of the Agreement

This agreement shall be called the Secondary Teachers’ Collective Agreement and referred to hereafter as “this agreement”.

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1.2 Parties

The parties to this agreement shall be:

(a) 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 acting in accordance with section 586 (5) of the Education and Training Act 2020; and

(b) The New Zealand Post Primary Teachers' Association (hereafter "the Association").

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1.3 Application

This agreement shall be binding on:

(a) Each employee who is employed by a school board of a state or integrated school to teach in a school defined in 1.4 below and who is or becomes, a member of the Association; and

(b) Each employer, as defined in 1.8 (c) below.

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1.4 Coverage

(a) This agreement covers work undertaken in state and integrated schools by:

  • Teachers in secondary (Year 9-13) schools and their subsidiary units (including activity centres); and
  • Teachers in Year 7-13 schools and their subsidiary units (including activity centres); and
  • Specialist secondary teachers of technology of classes at Years 7 and 8 in technology host schools or at schools or centres where the specialist secondary teacher is employed to predominantly teach technology classes at Years 7 and 8.

Note 1: The agreed intention of the parties is to not extend coverage beyond those teachers whom NZPPTA has traditionally covered, i.e. specialist secondary teachers of technology of Year 7 and 8 students (historically known as manual teachers).

Note 2: For the purposes of this clause “predominantly” shall mean 70% or more of the teacher’s weekly timetabled classroom teaching time.

Note 3: Should there be any question about the application cl. 1.4(a) and 1.8(g) and (h), the Secretary for Education will call a meeting of representatives of the Ministry of Education | Te Tāhuhu o te Mātauranga, the New Zealand School Trustees Association, the Post Primary Teachers Association and the New Zealand Educational Institute Te Riu Roa to consider and resolve the matter. Any of the above organisations may request such a meeting. The above organisations may consult with other organisations as they see fit.

  • Teachers in composite (other than area) schools and special schools and units who teach Year 9 and above students; and
  • Itinerant teachers of instrumental music employed by secondary schools; and
  • Secondary teachers responsible for teaching and learning programmes for students years 9 and above, or across years 7-10 in Te Aho o Te Kura Pounamu (the Correspondence School), and/or support for those students. The responsibility may be in the development and/or delivery of these programmes or support.

(b) This agreement does not apply to principals.

(c) The Secondary Teachers' Collective Agreement shall apply to those RTLB who are no longer covered by 1.4(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 remain a member of the Association.

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1.5 Employees and Employers Bound Subsequent to Settlement

1.5.1 New employees whose work falls within the coverage clause of this agreement shall be advised of the existence of this collective agreement and be offered the opportunity to join the Association and thereby become bound by this agreement.

1.5.2 Employees whose work falls within the coverage clause of this agreement and who join the Association during the currency of this agreement shall become bound by this agreement from the date on which they joined the Association.

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1.6 Term of Agreement

This collective agreement is effective from 3 July 2022 and it expires on 2 July 2025, except as provided for by section 53 of the Employment Relations Act 2000.

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1.7 Variations

The parties agree that the terms and conditions of this agreement may be varied at any time by written agreement between the Association on behalf of its members bound by this agreement 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.

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1.8 Definitions

The following definitions apply unless the agreement specifies otherwise:

(a) "Advertised" means advertised in the Education Gazette.

(b) "Association" or "union" means the New Zealand Post Primary Teachers' Association (PPTA).

(c) “Employer” means a school board constituted pursuant to the Education and Training Act 2020, or a commissioner where a commissioner has been appointed under the Education and Training Act 2020 to act in place of a school board, of a state or integrated school which employs teachers as described under 1.4 (a) above.

It also means a new school board 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 1.6 above.

Note: In relation to a dispute about the interpretation, application or operation of this agreement, the employer shall act, if the Secretary for Education acting under delegated authority from the Public Service Commissioner so requires, together or in consultation with the Secretary for Education.

(d) "Correspondence School" or "Te Kura" means the Te Aho o Te Kura Pounamu.

(e) "Secondary school" means 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.

(f) "Technology host school" means a state or state-integrated school that has agreed, in a technology memorandum of understanding (or other agreement), to provide technology instruction for years 7 and 8 students of another state or state-integrated school(s).

(g) "Kāhui Ako" are also known as Communities of Schools and Communities of Learning. A Kāhui Ako is a group of schools approved to receive resourcing under the Investing in Educational Success initiative announced in 2014.

(h) "Employee" or "Teacher" means any person as defined by clause 1.4 of this agreement who is or who becomes bound by this agreement:

(i) Trained Teacher means a teacher who is certificated by the Teaching Council of Aotearoa New Zealand.

(ii) Untrained Teacher means a teacher who is employed with a Limited Authority to Teach granted by the Teaching Council of Aotearoa New Zealand.

(i) "Specialist secondary teacher of technology" means a teacher:

  • employed to teach technology courses which include a practical component to classes of years 7 and 8;
  • who holds a specialist qualification or specialist practical experience; and
  • who holds a secondary teaching qualification recognised by the Teaching Council of Aotearoa New Zealand.

(j) ‘Reliever’ means a fixed-term teacher who is temporarily employed in a teaching position during a teacher’s absence either as a:

(i) up to 8 August 2023 a short-term reliever, who is a teacher employed on a casual basis for a period not exceeding six weeks, from 9 August 2023 a short-term reliever, who is a teacher employed on a casual basis for a period not exceeding three weeks ; or

(ii) up to 8 August 2023 a long-term reliever, who is a teacher employed for a continuous period beyond six weeks , from 9 August 2023 a long-term reliever, who is a teacher employed for a continuous period beyond three weeks

(k) ‘Fixed-term Teacher’ means a teacher who is employed for a fixed term, where the employer and teacher agree that the teacher’s employment will end at the close of a specified date or period; or on the occurrence of a specified event; or at the conclusion of a specified project.

(l) ‘Term Breaks’ means the period during which schools are closed for instruction between school terms. Relevant legislation sets out the periods during which schools will be open or closed for instruction between terms.

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1.9 Additional Payments

1.9.1 The parties to this Agreement recognise the value in their ongoing and productive relationship, including their joint efforts to give effect to building an environment in which the teaching profession is highly regarded, sustainable, and is fit for now and the future of learning. Collective bargaining is a key part of those joint efforts.

In recognition of the benefits arising out of the parties’ relationship, including PPTA Te Wehengarua’s role in negotiating terms and conditions for secondary teachers, each teacher who is a member of the PPTA on 31 July 2023 and is bound by this Agreement as at 9 August 2023 will be paid:

(a) a one-off gross payment as follows:

(i) Full time teachers: $1,500

(ii) Part time teachers: A pro-rated payment based on their full-time teacher equivalent (FTTE) as at 9 August 2023

(iii) Short-term relievers, as defined in clause 3.2.5: a pro-rated payment, based on the total number of days worked between the start of Term 4, 2022 and 9 August 2023, and provided at least one day of short-term relief teaching was worked since 28 January 2023.

A teacher may be eligible to have the payment calculated under more than one category. The minimum payment for any teacher, regardless of FTTE, will be $150, and no teacher shall receive more than $1,500 gross in total.

(b) a further $710 one off gross payment (the Teaching Council fees payment). Short-term relievers, as defined in clause 3.2.5, will receive the payment provided at least one day of short-term relief teaching was worked in Term 1 or 2, 2023. The Teaching Council fees payment is not pro-rated, but each teacher is only entitled to be paid it once. This means that if a teacher holds another teaching role(s) under coverage of this or another collective agreement, they will still only receive one Teaching Council fees payment. In such a case the Teaching Council fees payment shall only be paid to the teacher under the collective agreement binding the employee which is ratified first.

1.9.2 Employees who are bound by this Agreement as at 9 August 2023 and on that day were on approved unpaid leave under Part 6 of this collective agreement are entitled, upon application, to receive the above payments on their return to their position providing that they return on or before the end of Term 1, 2024 or on or before 3 July 2025 for those on parental leave. The $1,500 payment will be based on the teacher’s FTTE as at their last working day before going on leave.

1.9.3 Additional payments for all teachers

A one-off gross payment of $5,000 will be paid to all full-time teachers employed as at 9 August 2023.

The payment will be pro-rated for part-time teachers based on their full-time teacher equivalent (FTTE) as at 9 August 2023.

Short-term relievers, as defined in clause 3.2.5, will receive a pro-rated one-off gross payment, based on the total number of days worked between the start of Term 4, 2022 and 9 August 2023, and provided at least one day of short-term relief teaching was worked since 28 January 2023.

A teacher may be eligible to have the payment calculated under more than one category. The minimum payment for any teacher, regardless of FTTE, will be $500, and no teacher shall receive more than $5,000 gross in total.

1.9.4 Employees who are bound by this Agreement as at 9 August 2023 and on that day were on approved unpaid leave under Part 6 of this collective agreement are entitled, upon application, to receive the $5,000 payment on their return to their position providing that they return on or before the end of Term 1, 2024 or on or before 3 July 2025 for those on parental leave. The amount payable will be based on the teacher’s FTTE as at their last working day before going on leave.

Note: This clause will be removed in subsequent collective agreements

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Part Two: Reserved

Reserved.

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Last modified on Wednesday, 17 May 2023 09:06