Support Staff in the Education Sector: The NZEI Support Staff in Schools’ Collective Agreement

As an employer in the education sector in New Zealand, you are responsible for ensuring that your staff know their rights and responsibilities under the various collective agreements that govern their employment. 

Most employment agreements in this sector are collective agreements bargained by the New Zealand Educational Institute (NZEI) on behalf of its members. 

However, with so many different agreements in place, it can be challenging to stay on top of your obligations as an employer. This guide aims to provide a jargon-free guide to understanding the support staff collective agreement, including what it covers and your responsibilities as an employer.

We also have a FREE Support Staff Collective Agreement eBook that you can use as a tool, whether you are new to the sector or looking to refresh your knowledge. It will help you ensure that you meet your obligations under the collective agreement and provide a fair and supportive working environment for your staff.

Disclaimer: 

Please note that every effort has been made to ensure that the information provided in this guide is accurate. You should note, however, that the information is intended as a guide only, providing an overview of the general information available. This guide is not intended to be an exhaustive source of information and should not be seen to constitute legal or tax advice. You should, where necessary, seek a second professional opinion for any legal or tax issues raised in your business affairs.

The agreement defines support staff as employees who work in various roles in schools, such as teacher aides, librarians, and administration staff, to name a few examples.

The agreement also specifically excludes employees from coverage under the support staff agreement, including those who fulfil the following roles: 

• Principals
• Teachers and their advisers 
• Therapists, including speech-language therapists, occupational therapists, and physiotherapists
• Community workers
• Cleaners and ground-staff workers
• Cleaners
• Building maintenance workers 
• School transport drivers 
• After school carers
• Study centre workers 
• Kaiarahi i te reo
• Hostel workers 
• Residential or domestic services employees in a special school
• Residential social workers
• Audiologist 
• Career advisors 
• Guidance counsellors 
• Tutors 
• Tuckshop or canteen employees
  

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Full-time employment refers to an employee contracted to work either 37.5 or 40 hours per week and who is entitled to all the benefits and entitlements outlined in the collective agreement.

Part-time employment refers to an employee contracted to work less than 37.5 hours per week and entitled to a pro-rata rate of pay and leave entitlements based on their work hours.

A fixed-term appointment refers to an employee employed for a specified period, which is agreed upon at the time of the appointment. 

This employment category is used when the work is of a temporary or project-based nature or when there is a specific end date for the position. Employees on fixed-term appointments are entitled to the same benefits and entitlements as full-time employees, but their employment will cease at the end of the fixed term unless the appointment is renewed or extended.

It is important to note that all three employment categories are entitled to the same employment rights and protections under the collective agreement, including access to training and development opportunities, health and safety provisions, and dispute resolution processes.

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Additionally, the employer can set the employee's work hours and weeks based on what the school needs and will include things like: 

• Time spent on school business
• Attending meetings
• Preparing for classroom
• Individual learning support

If the employee works with students who have special needs, they may need to attend additional meetings and consultations.

The section also specifies that the employer shouldn’t require the employee to work more than 40 hours per week, and their workday will be between 8 am and 5 pm from Monday to Friday unless they have agreed otherwise with their employer.

The clause further states that support staff employees may be required to work additional hours as necessary, but they must be given reasonable notice and be paid the appropriate rate for any additional hours they work. 

Generally, an employer must provide employees with their fixed hours 12 months in advance. If something comes up and those fixed hours must be amended during the 12-month period, the employer can vary the hours provided the employee agrees. 

However, the collective agreement notes that for employees who routinely undertake work set out in the Teacher Aide Work Matrix table (discussed in our eBook), the employer can only vary their hours by a maximum of 20% within the 12-month period. 

Example 

Let's say that John is a part-time support staff employee who works as a teacher's aide at a local primary school. John's duties include assisting the classroom teacher, providing individual learning support, and supervising students during lunch breaks.

According to the collective agreement, John's standard hours of work are 30 hours per week. However, his employer may require him to work additional hours as necessary.

In this case, John regularly undertakes the work set out in the Teacher Aide Work Matrix table, such as providing individual learning support. The collective agreement states that for employees who routinely undertake this type of work, the employer can only vary their hours by a maximum of 20% within a 12-month period.

This means that if John's employer wants him to work more hours than his standard 30 hours per week, they cannot require him to work more than 36 hours per week (which is a 20% increase from his standard hours). 

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Alternatively, they may agree with their employer to take time off instead of being paid for overtime. 

Take note that the collective agreement requires employers to calculate overtime daily. 

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Meal Breaks

Employees should be allowed to take an uninterrupted break of at least 30 minutes and up to one hour for their meal after working for five hours, unless otherwise arranged.

Rest Breaks 

Employees working 5 hours or more daily are entitled to paid rest breaks. They can either take one 20-minute break in the morning or one 10-minute break in the morning and another 10-minute break in the afternoon. 

The timing of the breaks should consider the operational needs of the school and the employee's need for a genuine break.

Employees who work for 2 hours or more but less than 5 hours per day are entitled to one 10-minute break in the morning or one 10-minute break in the afternoon.

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Executive Management Group

The Executive Management Group is a team of specialised staff members who have school-wide responsibility for functions like finance, human resources, and property. They must also be part of the senior management team and have specific expertise.

Their minimum salary entry point, according to the collective agreements, is currently, $79,567 per year. 

Grading 

The collective agreement has a grading system that includes four grades: A, B, C, and D. Positions in the Executive Management Group are exempt from this grading system. 

The employer must assign each support staff position to one of the four grades after evaluating the job description and any other written requirements against the Position Elements Table (you can find this in our eBook).

There are five position elements, and each element will be assessed by the employer at a level of 1, 2, 3, or 4, depending on the requirements of the position. 

If all five position elements are assessed at the same level, the position will be assigned the corresponding grade: 

• A for level 1
• B for level 2
• C for level 3
• D for level 4

However, if one or more position elements are assessed at different levels, the employer will use established guidelines, such as the joint NZSTA/NZEI/MoE best practice guidance, to determine the grade that best reflects the requirements of the position.

Things you should note about each grade and step: 

• If you place an employee on Grade A, you must pay them according to step 1
• For Grade B employees, the minimum step is step 1, and the maximum step as a result of progression is step 2. As of June 2, 2023, the minimum and maximum step for Grade B employees will be step 1.
• Employees in Grade C have a minimum step of 1 and a maximum step of 7 based on progression. However, starting June 2, 2023, the maximum step for Grade C employees will be step 6.
• The minimum step for employees in Grade D is currently 7, but starting from June 2, 2023, it will be reduced to step 6.
  

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Progression with Grades in Collective Agreements

Starting from 17 October 172022, employees will progress through the steps within the minimum and maximum rates assigned to their grade on their anniversary date each year. 

However, if the employer determines that the employee has not met the performance standards outlined in the job description or written requirements for the position, the employer may delay the progression by informing the employee in writing two months before the progression due date.

When reviewing an employee's salary, the employer will consider whether the employee has met or exceeded the performance standards outlined in the job description or written requirements for the position. 

The employer should also consider other factors, such as the following: 

• The employee's specific skills, qualifications, on-the-job experience, and level of responsibility.
• The ease or difficulty in recruiting and retaining specific skills and experience required for the position
• Whether the current salary level aligns with the duties required 
• The salary rates will not be reduced due to the ranges of rates

Employees paid within the Grade D salary range will have their salaries reviewed annually by the employer. This review is unnecessary if the employee has already reached the highest rating in the grade. The review will take place after the employer has discussed it with the employee.

Employees with Appropriate Qualifications May Qualify for an Allowance

Employees who hold qualifications on the New Zealand Qualifications Framework that are relevant to their job description and current position and which have been agreed upon by the employer in discussion with the employee will receive 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.

Higher Duty Allowance

If an employee performs the duties and responsibilities of a higher-graded position for five or more consecutive working days, they will receive a higher duties allowance. 

This allowance will be 5% of their existing pay rate or salary (excluding allowances) and will be paid from the first day of acting up, including the first five days. You must include the allowance in the employee’s pay rate or salary when calculating their holiday pay.

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Salarisation 

If an employee works 52 weeks per year, they and their employer can agree in writing to a remuneration package that includes allowances and overtime. This agreement must clearly specify each element of the package and be signed by both parties. This provision is meant to simplify the collective bargaining agreement for schools and will not disadvantage the employee's entitlements under the agreement.

Annualisation

Annualisation enables employees to receive regular payments throughout the year, even though  employees 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.

This means that the employee's earnings are spread out in fortnightly instalments over a twelve-month period. Permanent employees or those on fixed-term agreements of 12 months or more that cover the school year may seek an agreement with their employer for annualisation. 

New employees can’t access annualisation until the start of the next annualisation year. The aim of annualisation is to simplify the payment process and ensure employees are not disadvantaged.

All other entitlements, including overtime hours or the public holiday pay rate, must be paid over and above the fortnightly payment amount. 

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You can access these Matrix tables and the pay rate tables in our eBook. The payment progression rules (described above) apply similarly to teacher aides and administrative support staff. 

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Ongoing training should also be provided to help employees keep up with changing work patterns and technology.

However, employees shouldn’t be forced to undertake training outside of work hours. If training is necessary and can only be provided outside of work hours, the employee must receive full pay or equivalent time off for the duration of the training.

In addition to training, professional development is essential for quality support services in schools. So, the employer and employee should discuss and identify suitable professional development opportunities at least once a year, preferably linked to the annual appraisal process. 

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You may be interested in reading our guide, Understanding Your Employee's Annual Leave Rights: 16 Types of Leave They Can Take. 

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If the employee is appointed for a fixed term and the date of the specified event is unknown at the time of appointment, the employer must terminate the employee's employment within two weeks of the event occurring.

If an employee is absent from work for more than three days without the employer's permission, a good reason, or without informing the employer, it will be considered as if the employee has resigned.

Upon leaving employment, employees may request a written certificate from their employer that confirms their job title and duration of employment.

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Although this guide aimed to simplify the terms and conditions, the agreement will change again after its expiry in February 2024, and it can be complex to keep up with the changes. 

Employers are encouraged to seek guidance from relevant governing bodies to ensure compliance with the agreement. Alternatively, employers can consider payroll software like Employment Hero, which can help automate the process and ensure compliance with the latest changes to the collective agreement.

Here’s how Employment Hero works:

• Time and Attendance

Employees clock their time using NoahFace time and attendance software that syncs all data with Employment Hero's cloud payroll software.

• Live Timesheet Approval

No more manual entries or paper timesheet approvals. Supervisors and managers approve time and attendance on the go directly on Employment Hero.

• Automated Collective Agreement Compliance

Employment Hero makes it easy for payroll managers to pay staff correctly each and every pay run.

• Automated Payslips

Create and customise compliant payslips that can be easily accessed in the Employment Hero cloud.

• Payroll Complete In Under an Hour with Employment Hero

Never get it wrong. No back pay calculations No inefficient manual interpretation. No data re-entry. Stress-free paydays that take less than an hour to complete!

If you’re interested in moving from a manual payroll system to Employment Hero, get in touch with us today for a free demo.