CA effective 1 September 2011 to 31 August 2012
ALLIED STAFF COLLECTIVE AGREEMENT
Effective from:Expires: / 1 September2011
31 August 2012
TIASA National Office / Your TEU Branch President is:
1st Floor / Name: John Prince
1122 Pukaki Street / Extn: 8097
PO Box 1594 / Email:
Rotorua
Telephone: 07 346 1989 / The TEU National Industrial Officer is:
Name:Irena Brorens
AUT Branch Chair / Phone:09 815 8029
Daniel Moore / Fax:09 815 8612
Telephone: 09 921 999 ext 8156 / Cell:021 770 843
Email: / Email:
Employment Relations Advisor / TEU National Office:
Alice Porter / Phone:0800 278 348
Telephone: 027 448 4272 / Internet:
Email: / Email:
CONTENTS
PART 1:AGREEMENT COVERAGE
1.1Parties 5
1.2Coverage of the Agreement 5
1.3Term of the Agreement 6
1.4New Employees 6
1.5Current Employees 6
1.6Cessation of Coverage 7
1.7Variation of the Agreement 7
1.8University Policy ………………………………………………7
PART 2: DEFINITIONS 8
PART 3:TERMS OF APPOINTMENT
3.1Categories of Appointment…………………………………...11
3.2Fixed Term…………………………………………………….. 11
3.3Hourly Paid Employees……………………………………… 11
3.4Monitoring and Review Periods 12
3.5Termination of Employment 13
3.6Disciplinary Procedures for Employees 14
3.7Abandonment of Employment………………………………. 15
3.8Incapacity 15
PART 4:HOURS OF WORK
4.1Weekly Hours 17
4.2Work Breaks 17
PART 5: REMUNERATION
5.1Rates 18
5.2Salary Profile 18
5.3Acting Higher Duties Allowance 18
5.4Special Responsibility Allowance 18
5.5Market Forces Allowance 19
5.6Increments 19
5.7Payment of Salaries 20
5.8Overtime and Time Off in Lieu 20
5.9Overtime Rates 21
5.10Exceptions to Overtime Payments ………………………… 21
5.11Limits on Time Off in Lieu and Payment of Overtime 22
5.12Limits on Unbroken Work 22
5.13Call Back 22
5.14Deductions from Pay…………………………………………. 23
PART 6:LEAVE
6.1Public Holidays 24
6.2Holidays Falling During Leave or Time Off 25
6.3Time Off for Working on a Holiday 25
6.4Annual Leave 25
6.5Recording of Leave…………………………………………… 25
6.6Reciprocal Benefit…………………………………………….. 26
6.7Entitlement…………………………………………………….. 26
6.8The Leave Year…………………………………………….. 27
6.9Timing of Annual Leave……………………………………… 27
6.10Leave Carried Forward……………………………………… 28
6.11Anticipated Leave……………………………………………. 28
6.12Unused Leave at Termination……………………………… 28
6.13Sick Leave 28
6.14Domestic Leave………………………………………………. 31
6.15Bereavement/Tangihanga Leave for Death in New Zealand or Overseas 31
6.16Parental Leave 32
6.17Miscellaneous Leave Provisions 36
6.18Long Service Leave 38
6.19Retiring Leave 38
6.20Working Party on Leave 38
PART 7:PROFESSIONAL DEVELOPMENT
7.1Reciprocal Commitment 39
7.2Support for Professional Development – Time 39
7.3Support for Professional Development – Financial 40
PART 8:ALLOWANCES AND EXPENSES
8.1Employment Related Expenses 41
8.2Travelling Expenses 41
8.3Meal Allowance 42
8.4Tea Provision 42
8.5Motor Vehicle Allowance 42
8.6Removal Expenses 42
8.7Compassionate Grant on Death of Employee 42
8.8Reimbursements 43
PART 9:HEALTHSAFETY AND WELLBEING
9.1Working Conditions 44
9.2Employer Obligations 44
9.3Employee Obligations 45
9.4Specific Provisions for Employee Protection 45
9.5VDU Operators 47
PART 10:ORGANISATIONAL CHANGE
10.1Consultation 48
10.2Application 48
10.3Surplus Staffing 49
10.4Options 50
10.5Conditions 50
10.6Employee Protection Provision 53
10.7Rights of Employees Declared Surplus 55
PART 11:UNION MATTERS
11.1Branch Chair Allowance……………………………………… 56
11.2Right of Access 56
11.3Stopwork Meetings 56
11.4Union Fee Deduction 57
PART 12: RESOLVING EMPLOYMENT RELATIONSHIP PROBLEMS
12.1Employment Relationship Problems 58
12.2Personal Grievances 58
PART 13:SAVINGS CLAUSE 60
PART 14:ATTESTATION 61
SCHEDULE A
Salaries 62
SCHEDULE B
Retiring And Resigning Leave 64
PART 1: / AGREEMENT COVERAGE1.1Parties
1.1.1The Parties to this Agreement are:
(a)The Vice Chancellor of Auckland University of Technology, herein referred to as the “Employer”;
(b)The Tertiary Institutes Allied Staff Association, herein referred to as TIASA;
(c)The Tertiary Education Union Te Hautu Kahurangi o Aotearoa, herein referred to as TEU.
1.2Coverage of the Agreement
1.2.1This Agreement shall apply to and be binding on:
(a)The parties to this Agreement; and
(b)Subject to Clause 1.2.2, those Employees who are TIASA and/or TEU members and engaged in allied staff work including but not limited to:
Administration, Financial Services, Supervisor Management, Secretarial and Clerical, Information Technology Services, Marketing, Communications, Public Relations, Student Recruitment, Student Support, Sign Language Interpreters, Career Consulting, Child Care, Health and Counselling, Library, Recreation and Fitness, Technical Support, Telephone Services, Mail Process and Delivery, and Facilities Management and Maintenance.
1.2.2Excluded from coverage of this Agreement are:
(a)Employees who are managers in receipt of total remuneration equal to or exceeding Grade Ex 12-01.
(b)Human Resources Administration and Payroll staff. This will apply to new staff from date of settlement and will not affect those staff that are currently TIASA or TEU members.
(c)Those TIASA or TEU members, who have been in AUT employment for at least 30 days and who notify the Employer, on the agreed exclusion form (through TIASA or TEU), of their choice to be excluded from the Agreement for its duration.
1.3Term of the Agreement
1.3.1This Agreement shall come into force on 1 September 2011 and expire on 31 August 2012.
1.4New Employees
1.4.1For new Employees who are appointed during the term of this Agreement and who are primarily employed in the occupational groups outlined in Clause 1.2.1(b), the Employer will
(i)inform the Employee that this Agreement exists and covers the work to be done by the Employer and
(ii)provide the Employee with a copy of this Agreement and
(iii)inform the Employee that she/he may join TIASA or TEU, give the Employee application formsunion contact details
(iv)inform the Employee that if the Employee joins TIASA or TEU she/he will be bound by the Agreement
(v)inform the Employee that their name will be advised to TIASA and TEU as a new AUT Employee.
1.5Current Employees
1.5.1Current Employees who fall within the coverage Clause of this Agreement, and who join TIASA or TEU during the term of this Agreement shall be covered by this Agreement.
1.6Cessation of Coverage
1.6.1Any Employee covered by this Agreement who is subsequently offered and accepts an Individual Employment Agreement for a management position to which Clause 1.2.2(a) applies shall cease to be a party to this Agreement.
1.7Variation of the Agreement
1.7.1The terms of this Agreement may be varied in respect of their application to an individual Employee by agreement between the Employer and that Employee.
1.7.2Where the Employer has initiated the proposed variation then the Employer will undertake to inform the applicable union of any proposed variation, to provide the union a copy of the proposal prior to the Agreement being finalised and to inform the Employee of the right to contact their union.
1.8University Policies
1.8.1The parties recognise that other policies and procedures may be current from time to time to ensure the smooth operations of the University and/or to give practical effect to those provisions within this Agreement which are subject to Employer discretion.
1.8.2Where University policies are not in conflict with this Agreement, they are binding on Employees.
1.8.3Where the University wishes to develop a new policy or vary an existing policy and that variation or addition will impact upon Employees terms and conditions of employment, the Employer will consult with TIASA and TEU.
PART 2: / DEFINITIONS2.1“Alternative Day” has the same meaning as defined in the Holidays Act 2003 and subsequent amendments.
2.2“Employer” means the Vice Chancellor of the Auckland University of Technology, (AUT) or any manager acting within their delegated authority.
2.3“University” has the same meaning as defined in the Education Amendment Act 1990 and includes any other organisation engaged in the delivery of teaching/learning programmes for which the Vice- Chancellor fulfils the role of Employer, or any enterprise established by the Employer, or the governing body of the Employer.
2.4“Employee” means any person employed by AUT as a party to this collective agreement and whose position comes under the coverage Clause 1.2 and whose terms of employment are defined as:
- Permanent/full-time; meaning they undertake the duties of the position for 37.5 hours per week
- Part-time; meaning they undertake the duties of a position for less than 37.5 hours per week
- Fixed Term (Temporary); meaning an Employee who undertakes the duties of a position for a defined period or term, or for a defined project, or for a temporary period including acting in a relieving capacity.
- “Casual” or “hourly paid”; meaning those Employees who are paid on an hourly basis, and on an ad hoc basis, that is, without any commitment from either party as to an ongoing employment relationship. Unless specifically provided for the conditions of this agreement do not apply to casual Employee’s.
2.5“Union” means TIASA and/or TEU as applicable.
2.6“Nine hour break” means a period of nine hours off duty between each work period.
2.7 “Unbroken work” means a period of time less than nine hours off duty between each work period.
2.8“Overtime” means all authorised time worked in excess of the normal hours of work.
2.9“Ordinary hourly rate” is achieved by dividing the annualised total salary amount of the Employee by 1955.36 to provide an hourly applicable rate of pay.
2.10“Average weekly earnings” means the rate the Employee would have normally earned had the Employee worked on the week concerned.
2.11 “Penal Rate”shall mean a rate which is paid for work completed outside ordinary hours or in excess of the ordinary hours. Penal rates will be either time and a half or double time, depending on the conditions applicable in this agreement.
2.12“Penal Time” is time (other than overtime) worked outside ordinary daily hours of work; on a Saturday, Sunday or recognised Public Holiday.
2.13“Service” means
(a)(i)Continuous service in the employment of any NZ Polytechnic, REAP Community Education Centre or any organisation which is now a Polytechnic or University, provided that for any staff employed at 1 January 2001, service which has or ought to have been recognised under the CEC expiring on 31 August 2002 shall continue to be recognised, and
(ii)Continuous service as an Employee in any operation which has been absorbed into the Polytechnic sector, and
(iii)Periods of continuous part-time hourly paid service with the Employer, which are aggregated to the full-time equivalent service for the purposes of this definition, and
(iv)Periods of unpaid parental leave, and
(v)Any other service the Employer agrees to recognise at the time of appointment.
(b)“Continuous service” for the purposes outlined above includes all periods of paid leave and is not broken by, but does not include any:
(i)approved leave without pay;
(ii)breaks of not more than three months between employment within the University and Polytechnic and University sectors.
PART 3: / TERMS OF APPOINTMENT3.1Categories of Appointmentare:
- Permanent i.e. Full-time or Part-time
- Fixed term i.e.Full-time or Part-time for a defined period.
- Hourly paid.
3.2Fixed Term appointments shall be for a specified period of time and for a particular reason, which will be stated in the letter of offer.
(a)To relieve where the incumbent is away on approved leave for a period of time (e.g. Parental Leave, or extended periods of absence).
(b)To complete a specific project.
(c)To fill a vacancy pending a permanent appointment.
(d)Any other genuine business or commercial reasons.
(e)To give effect, where requested by the Employee, to an Employee’s retirement plans.
NOTE: Fixed term appointments are not permitted to trial or establish the suitability of an Employee.
3.3Hourly Paid Employees
The following conditions apply to hourly paid Employees:
- Annual Leave. Payment of holiday pay shall be at 8% of the gross taxable earnings for each separate period of employment as per the Holidays Act 2003 and subsequent amendments.
- Penal Rates. Hourly paid Employees shall not be entitled to penal rates.
- Public Holidays. If an Hourly paid Employee is requested to work on a public holiday they will be entitled to time and a half rates for all hours worked and an Alternative day as per the Holidays Act 2003.
- Sick Leave. An Hourly paid Employee will not be entitled to paid sick leave entitlements until they have worked for a continuous period of six months. After six months they are entitled to the provisions contained in the Holidays Act 2003.
- Bereavement Leave. An Hourly paid Employee may claim bereavement leave of up to 3 days on the death of an immediate family member as defined in the Holidays Act 2003.
- Rate of Pay. The agreed and appropriate hourly rate of pay as stated in Schedule A shall apply.
3.4Monitoring and Review Periods
3.4.1Employees appointed for the first time to permanent, part-time or temporary positions may be required to undertake a monitoring and review period of three months. Satisfactory performance during the period of monitoring and review is a pre-requisite for confirmation of the appointment.
NOTE: This will not apply to hourly paid Employees.
3.4.2If an Employee is re-appointed to a different position after a break of employment from AUT, a period of monitoring and review of up to three months may apply.
3.4.3The Employer may, after reviewing the Employee’s performance, and providing written details on performance standards required, extend the monitoring and review period for a further three months, the total period under monitoring and review not to exceed six (6) months.
3.4.4If no such formal action is taken then within two (2) weeks of the monitoring and review period (including any extension, if applicable) expiring, the appointment is automatically confirmed.
3.4.5Should an Employee not reach the required standards during the monitoring and review period, the Employer will follow the University’s policies which may result in termination of employment.
3.5Termination of Employment
3.5.1Notice Requirements for resignation or termination of employment
(a)Permanent employment (Full-time or Part-time) may be terminated with one month’swritten notice by either party.
(b)Fixed Term or Temporary employment may be terminated by one month’s written notice by either party, or at the end of the specified period of employment.
(c)Hourly paid employment may be terminated by two weeks written notice by either party or at the end of the specified period of employment.
(d)Nothing in this Clause will remove from the Employer the obligation to observe the principles set out in Clause 3.6 (Disciplinary procedures for Employees) prior to applying any notice to an Employee in the event of a termination of employment resulting from disciplinary action.
(e)Notwithstanding the above, any Employee may be summarily dismissed for serious misconduct.
3.6Disciplinary Procedures for Employees
3.6.1In any disciplinary action the following steps will be observed:
(a)The Employee must be advised in writing of the specific problem and given reasonable opportunity to respond.
(b)Before any substantive disciplinary action is taken, an appropriate investigation is to be undertaken by the Employer.
(c)The response of the Employee must be considered before a decision is made.
(d)The Employee must, if advised of any improvement required, be given reasonable opportunity and assistance to change, and be advised of the consequences if the problem continues.
(e)The Employee must be advised by the Employer of her/his right to request union assistance, and/or representation at any stage.
(f)The notification of the problem, the result/s of any investigation and any action taken are to be recorded in writing and provided to the Employee.
(g)In the case of serious misconduct the Employer may:
(i) suspend with or without pay
(ii) place on other temporary duties; or
(iii)dismiss without notice
3.6.2Where the Employee has been suspended and the allegation is subsequently found to be without substance, the Employee must be entitled to resume the position from which she/he was suspended and be reimbursed for any loss of pay.
3.7Abandonment of employment
3.7.1Where an Employee is absent from work for five or more consecutive workdays without notifying the Employer of the reason for absence, they will be deemed to have abandoned their employment, provided the Employer has taken all reasonable steps to contact the Employee. Where an Employee was unable, through no fault of their own, to notify the Employer, their employment shall not be deemed to have been abandoned.
3.8Incapacity
3.8.1If as a result of physical or mental incapacity the Employee is unable to perform the duties of the position, and is unlikely to recover the capacity to perform those duties within a reasonable period of time, the Employer:
(a)will consult with the applicable unionon behalf of the Employee
(b)may require the Employee to undergo a medical examination, at the Employer’s expense, by a registered medical practitioner nominated by the Employer, or if the Employee wishes, two registered medical practitioners, one nominated by the Employer and the other by the Employee
(c)will take into account any report and/or recommendation made available as a result of the medical examination(s) or any other medical reports and/or recommendations which are provided by the Employee, and apply one or a combination of the following options:
- no further action under this Clause
- the formulation of a professionally facilitated return to work plan
- redeployment
- proportional employment
- an agreed period of leave without pay up to one year
- terminate employment by giving two months written notice
(d)Where employment may be terminated under this Clause the Employee will be entitled to remain in employment until her/his sick leave is used or to end her/his employment immediately and be paid all remaining sick leave.
PART 4: / HOURS OF WORK4.1Weekly Hours
4.1.1Ordinary hours of work shall be up to 37.5 per week. These will normally be worked in 5 consecutive 7.5 hour days, Monday to Saturday, between 7am and 9pm. Other working arrangements, with current Employees, involving ordinary hours of work not exceeding 75 hours per fortnight may be agreed between the Employer and the Employee/s concerned and the applicable union/s.
4.1.2Where such agreement has been reached the penal rate provisions (Clause 5.9) will not apply in respect of the ordinary hours agreed.
4.2Work Breaks
4.2.1The daily hours of work shall be continuous from the time of commencement and shall not be broken except for meal intervals, which shall not exceed one hour in duration.
4.2.2An Employee shall be allowed two rest breaks of 10 minutes each day, in the morning, afternoon or evening, at times specified by the Employee’s supervisor.
4.2.3Each Employee shall be allowed a minimum break of nine consecutive hours between spells of ordinary hours of duty.
4.2.4No Employee shall be required to work for more than five hours continuously without being allowed a meal break of not less than half an hour.
PART 5: / REMUNERATION5.1Rates
5.1.1The grading structure and applicable annual salaries to be paid to Employees are listed in Schedule A of this Agreement. The rates listed in Schedule A are minimum rates.