Support Staff in Schools' Collective Agreement

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CONTENT

Cover
Part 1 Coverage / Term of Agreement / Variations
Part 2 Terms of Employment
Part 3 Remuneration
Part 3A Teacher Aide Remuneration
Part 3B Administration Support Staff Remuneration
Part 3C Librarian and Library Assistant Remuneration
Part 3D Science Technician Remuneration
Part 4 Training and Professional Development
Part 5 Expenses and Allowances
Part 6 Holidays
Part 7 Other Working Conditions
Part 8 Complaints and Discipline
Part 9 Termination and Abandonment of Employment and Record of Service
Part 10 Employment Protection, Surplus Staffing and School Merger Provisions
Part 11 Union Related Rights
Part 12 Employment Relationship Problems
Part 13 Terms of Settlement
Signatories
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Part 3 Remuneration

Support Staff in Schools' Collective Agreement
Effective 20 June 2022 to 19 December 2024

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3.1 Executive Management Group

3.1.1 The minimum salary entry point is $79,567 per annum. 3.1.2 Subject to clause 3.1.3 below, the employer may assign an individual to this Executive Management Group, by mutual agreement (for existing employees who already meet the criteria) or at the employer’s sole discretion (for employees appointed on or after 27 June 2014). 3.1.3 The Executive Management Group is reserved for staff who:
1. are part of the Senior Management Team (SMT) of the school; and
2. have whole of school responsibility for functions such as Finance and /or Human Resources and/or Property; and
3. are employed for their specialist skills.

3.1.4 For the purposes of clause 3.1.3(i) the SMT is by definition the group within the management structure of the school which has whole of school oversight and responsibility to the school board.

3.2 Pay rates for grade A, grade B, grade C and grade D

3.2.1 This agreement specifies minimum rates of pay. 3.2.2 The following pay scale will apply to all support staff except:
1. those in the Executive Management Group whose pay rates are set out in clause 3.1 and
2. those who routinely undertake work described in the Teacher Aide Work Matrix Table, whether designated as a Teacher Aide or not whose pay rates are set out in clause 4.3 and
3. those who routinely undertake work described in the Administration Support Staff Work Matrix Table, whether designated as Administration Support Staff or not and
4. those who routinely undertake work described in the Librarian and Library Assistants’ Work Matrix Table, whether designated as a librarian or library assistant or not and
5. those who routinely undertake work described in the Science Technicians’ Work Matrix Table, whether designated as a science technician or not.

Grade	Step	Hourly Rates effective 27 November 2020	Hourly Rates effective 2 June 2022	Hourly Rates effective 1 December 2022	Step	Hourly Rates effective 1 December 2023
A-B	1	$21.78	$22.75	$23.70	1	$24.83
B-C	2	$21.95	$22.92	$23.87	1	$24.83
C	3	$22.72	$23.69	$24.64	2	$25.60
C	4	$23.59	$24.56	$25.51	3	$26.47
C	5	$24.46	$25.43	$26.38	4	$27.34
C	6	$25.33	$26.30	$27.25	5	$28.21
C-D	7	$26.20	$27.17	$28.12	6	$29.08
D	Range of Rates
D	8	$35.72	$36.69	$37.64	7	$38.77

Note: Steps 1 and 2 are merged effective 1 December 2023.

An employee is paid either an hourly rate or an annual salary.
To find the indicative annual salary rate for a 40 hour/week, 52 week/year employee, the hourly rate will be multiplied by 2,080.
To find the indicative annual salary rate for a 37.5 hour/week, 52 week/year employee, the hourly rate will be multiplied by 1,950.

3.2.3 An employee who is placed in Grade A shall be paid on step 1.

3.2.4 The minimum step for an employee who is placed in Grade B shall be step 1. The maximum increment step, as a result of progression pursuant to clause 3.8.1, shall be step 2. From 2 June 2023 the minimum and maximum step for an employee placed in Grade B shall be step 1.

3.2.5 The minimum step for an employee who is placed in Grade C shall be step 2. The maximum increment step, as a result of progression pursuant to clause 3.8.1, shall be step 7. From 2 June 2023 the maximum step for an employee placed in Grade C shall be step 6.

3.2.6 The minimum step for an employee who is placed in Grade D shall be step 7. From 2 June 2023 the minimum step for an employee who is placed in Grade D shall be step 6.

3.2.7 The pay rates for employees covered by the Administration Support Staff Pay Equity Claim will continue to be the pay rates effective 27 November 2020 as set out in the table above. If the proposed settlement agreement for the Administration Support Staff Pay Equity Claim dated 1 June 2022 is endorsed by covered employees, the pay rates for employees covered by that settlement will increase in accordance with the terms of that settlement. On 2 June 2023, these pay rates will further increase by 1.5%.

3.3 Effective dates of increases to pay rates for grade A, grade B, grade C and grade D

3.3.1 From 2 June 2022 employees paid on a printed hourly salary rate shall be paid on the applicable rate based on their grade and step as outlined in clause 3.2.2. 3.3.2 From 2 June 2023 employees paid on a printed hourly rate shall be paid on the applicable rate based on their grade and step as outlined in clause 3.2.2. 3.3.3 Employees whose pay rate, upon settlement or during the term of this collective agreement, exceeds the grade maximum shall retain that rate. 3.3.4 These increases are additional to, not a replacement for, increases granted pursuant to clause 3.8.1.

Elements of the position:	Level 1	Level 2	Level 3	Level 4
Level of skill and knowledge	The position requires basic skills and knowledge including communication, literacy, and the ability to interact and build relationships with other people.	The position also requires specific skills and knowledge relevant to the role.	Highly-developed skills and knowledge, relevant to the position, are required.	Advanced specialist skills and knowledge, relevant to the position, are required.
Degree of problem-solving ability	The position requires the ability to identify basic problems and take appropriate action.	The position requires the ability to identify and take appropriate action to solve intermediate level problems.	The position requires the ability to identify and resolve complex problems.	The position requires the use of specialist skills and knowledge to anticipate, identify and resolve complex problems.
Degree of freedom to act independently	The position involves following instructions and carrying out set duties and tasks within defined procedures.	The position allows a degree of initiative in carrying out duties and tasks within defined procedures.	The position allows for initiative and flexibility in carrying out duties and tasks, including implementing procedures and adapting these to suit particular situations.	The position also involves the development and maintenance of procedures and/or systems as required, as well as ensuring these are effective and followed appropriately.
Degree of accountability	As the position is likely to operate within defined parameters, there is minimal accountability associated with the position.	As the position involves some decision-making, within defined parameters, there is limited accountability associated with the position.	The position involves greater flexibility to make decisions which carry risk. Accountability in the position will therefore require such decisions to be explained and justified.	The position involves significant accountability and risk. There is expectation to report and justify decisions to the SMT and/or the Board.
Level of supervision and/or management	None.	The position occasionally involves supervision and/or oversight of others’ work.	The position usually involves supervision and/or oversight of others’ work.	The position will involve supervision of others’ work and is likely to involve management of staff.

3.5 Job descriptions
- 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 employer as required following consultation with the employee (at the time of annual appraisal or at any other time). Substantial changes to the job description and/or written requirements for the position may not be made until after the employer has consulted the employee and endeavoured to reach agreement. Notes:
  1. For the avoidance of doubt, changes to a job description and/or written requirements can be made at any time by agreement between the employer and the employee.
  2. A job description template is available in joint NZSTA/NZEI/Ministry of Education guidance.
  3. Clause 3.5.4 is not applicable when an employer undertakes a process under clauses 2.5 and/or 2.6.
- 3.6 Grading
  - 3.6.1 Every position will be placed within one of the four grades (A, B, C or D), except for positions in the Executive Management Group and positions concerned by Part 3A, Part 3B, Part 3C or Part 3D below. 3.6.2 The employer will determine the grade for each position after considering the job description and/or any other written requirements of the position against the Position Elements Table in clause 3.4. 3.6.3 A position must be assessed by the employer, as either level 1, 2, 3 or 4 for each of the five position elements. 3.6.4 Descriptors of the levels for each position element are found in clause 3.4 3.6.5 Each position element shall be assessed by the employer at the level which most reflects the requirements of the position. 3.6.6 If all five of the position elements are assessed by the employer at the same level, then the grade of the position will be as follows:
    1. Level 1 – Grade A
    2. Level 2 – Grade B
    3. Level 3 – Grade C
    4. Level 4 – Grade D
  3.6.7 If one or more position elements are assessed by the employer at different levels, then the employer shall decide the grade of the position by assessing what grade most reflects the requirements of the position. The employer should do this using the joint NZSTA/NZEI/Ministry best practice guidance or any other alternative adopted by the employer for this purpose.
  
  3.6.8 Any employee employed for two or more distinct positions, will be placed in the appropriate grade for each position, as outlined in this clause.
  - 3.7 Placement within a grade
    - 3.7.1 Employees may, upon appointment, be placed at any point within the appropriate upper and lower pay rate limits in the grade applicable to the position. Factors to be considered in deciding the actual starting rate include:
      1. Previous relevant paid or unpaid work experience.
      2. The level at which the employer has assessed each of the five position elements in the table in clause 3.4
      3. The level of te reo Maori and understanding of nga tikanga Maori required for the position
      4. The ease or difficulty in recruiting and/or retaining the specific skills and/or experience required for the position.
    - 3.8 Progression within grades
      - 3.8.1 Progression through steps within grades will be on an annual basis provided that the employee has met or exceeded standards of performance as assessed by the employer against the job description and/or written requirements for the position.
        From 17 October 2022 progression through steps within the minimum and maximum rates that apply to each Grade will occur on an employee’s anniversary date each year, unless the employer considers that the employee has failed to meet standards of performance as assessed by the employer against the job description or written requirements for the position and has informed the employee of this in writing no later than two months prior to the progression due date. 3.8.2 Where the employee is paid on the Grade D range of rates, the employer will review the employee’s salary annually. This review, which is not required if the employee has reached the top of the range (i.e. the highest rate in the Grade), will be carried out after discussion with the employee.
        The employer will take into account whether the employee has met or exceeded standards of performance as assessed by the employer against the job description and/or written requirements of the position in reviewing the salary. Other factors which the employer will take into account are:
        
        particular skills, qualifications, on the job experience and level of responsibility;
        
        the ease or difficulty in recruiting and/or retaining the specific skills and/or experience required for the position;
        
        whether the current salary level is commensurate with the duties required;
        
        salary rates shall not be reduced by reason of the operation of the ranges of rates.
      3.8.3 Where an employee wishes to have their salary review reconsidered they shall refer the matter to the school board. The employee shall have the right to representation at any stage.
      - 3.9 Movement between grades
        
        3.9.1 Movement between grades shall occur by appointment to an established position, or by regrading of a position where the requirements of the position have altered substantially. An employer shall consider the factors in clause 3.6 or 3A.3 or 3B.2 or 3C.2 or 3D.2 as the criteria for movement between grades. Where movement between grades occurs the employee shall be paid on a step at a rate not less than that which the employee was previously paid.
        
        3.10 Recognised Qualifications
        
        3.10.1 Employees holding qualifications on the New Zealand Qualifications Framework that the employer, in discussion with the employee, agrees that the qualification is relevant to the employee’s job description and current position shall be paid an allowance as follows:
        
        Group One: level 4-5 qualifications and level 3 teacher aide qualifications - $0.29 per hour, to a maximum of $625 per annum.
        
        Group Two: level 6 qualifications - $0.44 per hour, to a maximum of $875 per annum.
        
        Group Three: level 7-8 qualifications - $0.58 per hour, to a maximum of $1,125 per annum.
        
        This includes those qualifications agreed to be an equivalent level by the New Zealand Qualifications Authority and the Ministry of Education verified He Tohu Matauranga.
        
        The effective date for payment of the allowance in clause 3.7.1 recognising qualifications that have been agreed at an equivalent level by the New Zealand Qualifications Authority (as per note 1. above) is from the date the employee lodged an application with the New Zealand Qualifications Authority.
        
        3.10.2 Salaried employees shall receive the appropriate allowance of $625, $875 or $1,125 as the case may be in fortnightly instalments, pro-rated for part-time employees.
        
        3.10.3 Only one allowance shall be paid for a qualification that the employer agrees is relevant to the employee’s position which shall be for the highest qualification held by the employee. Upon obtaining a higher recognised qualification that the employer agrees is relevant to the employee’s position and job description, the employee shall become eligible for the higher payment.
        
        3.10.4 Until 27 January 2012, employees were entitled to be paid a qualifications allowance as per provisions in the Support Staff in Schools Collective Agreement 10 December 2009 – 31 March 2011 as if those provisions were incorporated into this collective agreement.
        
        3.10.5 Anyone eligible for a qualifications allowance under clause 3.10.4 will continue to be eligible for that allowance for as long as they remain employed by that employer in that position.
        
        Note: A copy of the Recognised Qualifications provisions and the qualifications recognised under the provisions of Appendix A Support Staff in Schools Collective Agreement 10 December 2009 to 31 March 2011 can be found on the Ministry of Education website.
        
        3.11 Higher duties
        
        3.11.1 An employee who is required by the employer to substantially perform the duties and carry out the responsibilities of a higher graded position for five consecutive working days or more shall be granted a higher duties allowance. 3.11.2 The amount of the higher duties allowance will be an additional 5% on the employee’s existing pay rate/salary (excluding allowances) for the period when the employee performs the duties and carries out the responsibilities of the higher graded position. 3.11.3 The allowance shall be paid from the first day of acting up, including the first five days. 3.11.4 The allowance shall be included in the employee’s pay rate/salary in order to calculate the appropriate holiday pay for that employee.
        
        3.12 Payment of employees
        
        3.12.1 An employee shall be paid the appropriate hourly or annual rate, according to the hours and/or weeks actually worked, as determined by the employer under clauses 2.4.2 and 2.4.3. An employer shall not be obliged to pay any employee:
        
        During periods when the school is not open for instruction of pupils unless the employee is specifically required to work during those periods; and/or
        
        During periods when the employee is specifically not required to work according to clause 2.5.1.
        
        3.13 Method of payment
        
        3.13.1 Employees shall be paid fortnightly by direct credit to the employee’s nominated bank account.
        
        3.14 Salarisation
        
        3.14.1 Where an employee is in paid employment for 52 weeks per year, nothing shall prevent mutual agreement being reached in writing between that employee and her/his employer to pay a remuneration package which incorporates allowances and/or overtime. Such an agreement will be signed by the employee and the employer and will clearly specify the individual elements of the remuneration package. This provision is intended to provide a mechanism to simplify the administration and operation of this collective agreement for schools and is not to disadvantage the employee in terms of her/his entitlements under this agreement.
        
        3.15 Annualisation
        
        3.15.1 Annualisation is intended to provide a mechanism to enable employees to access regular payments throughout the year in circumstances where the employee’s employment includes periods of time when that employee does not have paid work available with the employer (as per clause 3.12). 3.15.2 Annualisation means that the employee’s earnings to be annualised, as described in clause 1.6.5, for a twelve month period shall be paid in fortnightly instalments throughout that twelve month period. 3.15.3 The following employees whose employment includes periods of time when that employee does not have paid work available with the employer may seek the agreement of their employer to have their annual earnings annualised:
        
        Permanent employees; or
        
        Employees on fixed term agreements of 12 months or more, provided the fixed term agreement spans the period from the start of a school year (or earlier) until the end of that school year (or later).
        
        3.15.4 An employee who commences employment during the year will not have access to an annualisation agreement until the commencement of the next annualisation year.
        
        3.15.5 An employee who agrees with their employer to have their earnings annualised, as described in clause 1.6.5, is not considered to be a salaried employee.
        
        3.15.6 Any annualisation agreement between employee and employer is subject to the following:
        
        An annualisation agreement must be in writing, be signed by the employer and employee and clearly detail the individual elements of that agreement.
        
        An annualisation agreement must be recorded on the Employer/Employee Annualisation Agreement form, which requires the signature of the employee and the authorised representative of the employer, and must be submitted with the applicable Payroll Start of Year forms (due to Payroll centres by approximately 1 December each year).
        
        Each annualisation agreement must commence from the start of the “annualisation year” on 31 January and continue for the full twelve month period unless there is agreement to discontinue the arrangement.
        
        If the employee’s regular hours of work changes and/or the employee’s pay rate changes a new Employer/Employee Annualisation Agreement form must be completed, signed by the employer and employee and forwarded to Payroll.
        
        At the beginning of term two, or if the employee believes there is a discrepancy in the calculation, the employer and employee shall meet to review the agreement to ensure that both parties are satisfied that the annualisation calculation is accurate and to ensure that any variations have been addressed.
        
        The employer and employee will meet to discuss whether they agree to continue the annualisation agreement for the following year, prior to any renewal of the arrangements.
        
        A new annualisation agreement between the employer and employee, as per clause 3.15.6 (a) to (c) above must be completed to renew the arrangement.
        
        If the process as per clause 3.15.6 (a) to (c) is not followed the employee’s pay will not be annualised for the following year.
        
        3.15.7 Calculation and payment of annualised fortnightly rate
        
        The annualised fortnightly rate shall be calculated by dividing the total weeks the employee shall employed inclusive of annual leave, public holidays and additional paid leave as described in clause 1.6.5 by 52.1428 (365 days) weeks, or 52.2857 (366 days) weeks in a leap year, and multiplying by the resulting value by the “Actual Weekly Hours” as described in clause 1.6.4 when paying each fortnightly pay.
        
        Payment shall be made for each day of the fortnight that falls within the annualised year defined in 3.15.6(c) or the next available pay day for any part fortnight at the commencement or end of the annualised year defined in 3.15.6(c).
        
        3.15.8 Maintenance of records and recorded rates
        
        The employer must ensure that they record the employee’s actual daily hours as well as the annualised hours per week (see Employer/Employee Annualisation Agreement form).
        
        At the start of the annualisation year, or when annualisation is recalculated as per clause 3.15.6(d), the employee shall be provided with a written record of the calculation by which those earnings have been annualised. The record must specify how any allowances have been incorporated in the annualised fortnightly rate.
        
        3.15.9 Where an employee is absent on sick leave or domestic leave, he/she shall be paid for those days at the annualised fortnightly rate, provided that he/she has an entitlement to payment for those days under clause 6.5 or 6.6 of this collective agreement.
        
        3.15.10 Where an employee works hours over and above the hours that have been included in the annualisation calculation, those additional hours shall be paid as per clause 3.12.1, in addition to the employee’s annualised weekly pay, in the next available pay period.
        
        3.15.11 Where the employee works overtime as per clause 2.7, those hours shall be paid at the overtime rate calculated on the basis of the actual hourly rate (unless the employer and employee have mutually agreed that the time in lieu provision shall apply).
        
        3.15.12 Any time worked on a public holiday shall be paid in accordance with clause 6.1.7 and shall be calculated on the basis of the actual hours normally worked on that public holiday, and shall be paid in the next available pay period.
        
        3.15.13 An employee will continue to be paid at the annualised fortnightly rate for up to two consecutive weeks of authorised leave without pay provided that:
        
        where an employee has continued to be paid for a period of up to two consecutive weeks of authorised leave without pay, the employer will deduct the resulting monies owed to the employer from the employee in the next available pay.
        
        where an employee’s period of leave without pay is either unauthorised or is authorised but for a period greater than two weeks the employer will notify the employee that annualisation agreement will be discontinued.
        
        where the annualisation agreement is discontinued a reconciliation payment of any monies owed will be calculated and this will be paid on the next succeeding regularly pay day. If and when the employee returns to work, he/she shall be paid at his/her actual hourly rate for the remainder of the annualisation year. The employer and employee may mutually agree to return to an annualisation agreement from the commencement of the next annualisation year.
        
        3.15.14 Where an employee’s employment terminates during a period of annualisation (as per clause 9.1), the employer shall provide the employee with two weeks written notice of any monies owed/owing as follows:
        
        The final pay shall either:
        
        include payment to the employee of all remuneration to which he/she was entitled for the period worked from the commencement of the annualisation year until the final day of work; or
        
        enable the employer to recover any amount owed to the employer as a result of the annualisation process during the period worked from the commencement of the annualisation year.