Wintec
Academic Staff Collective Agreement
Bargaining Report – VARIATION to CEA
September 2012
Following the 2011 bargaining round, your employer was interested in (and we agreed) a working party to consider ‘simplifying’ or using ‘plain English’ in
the words of the CA. This work was done in the first half of this year, and we are now bringing the updated CA to you with a number of wording changes
– but no diminishing – throughout the document.
You will be asked to consider the changes in their entirety and vote to ratify the identified variations to your collective employment agreement. A trackchange copy of the agreement in full is available to view on the TEU website: http://teu.ac.nz/contact/branches/itp/wintec/
You will shortly receive an email from Tertiary Education Union – do not reply with the subject line ‘Wintec Variation Ratification Ballot’ The email will
contain your unique voting code. To vote, open the email and click on the link near the bottom of the page. If you have not received your email by noon
on [date] (and it isn’t in your junk mail folder), or have any problems voting, please contact the returning officer Susannah Muirhead
(susannah.muirhead@teu.ac.nz) directly.
The electronic ballot will open Tuesday, 16th October 2012 and close at 5pm on Friday 26th October 2012.
NO.
PART 1
1.
CLAUSE
CHANGE
COVERAGE AND APPLICATION OF AGREEMENT
Parties
AMEND ‘the employer’ to ‘Wintec’ in all references in the CA.
1.1
TEU is already referred to by TEU or “the union”
2.
Coverage
1.2
Application of the Terms &
Conditions of CA
3.
1.2 REMOVE references to ‘tenure’ and ‘limited tenure’ from para 2.
“for the avoidance of doubt” para 3.
1.3 Minor wording changes and re-ordering.
1.4 Sub-clause now reads as a sentence rather than as points.
NOTES/STATUS/UPDATE
For consistency, so each party are referred to by name.
To avoid any confusion about which party is being referred to
at any given point in the CA.
Terms no longer relevant at Wintec.
Unnecessary words.
Simplified language and ease of reading for all of this section.
1.3 – 1.10
1.5 Minor wording change
1.6 No change (Term of CA)
1.7 Minor wording change
1.8 No change
1.9 Wording change
1.10 Wording change
PART 2
DEFINITIONS
4.
ASM
Duty
Employer
Institute
Non-Teaching Academic Position
No change to existing wording of definitions unless specifically
noted below
Delete last sentence; and reference to schedules
CHANGE the employer to Wintec and ‘institute’ to ‘campus’
DELETE as picked up in Parties clause
DELETE as no longer relevant for Wintec only CEA
ADD Non-Teaching Academic Staff Member at start of definition and
delete reference to same at the end of the definition.
DELETE
DELETE references to institute and substitute Wintec.
DELETE reference to schedules
Renumber; and note that continuous service includes periods at
Northtec, Unitec, WITT, Whitireia and BOPP
INCLUDE (TTH), then DELETE separate reference to TTH.
DELETE academic staff member and replace with ASM
Part-Time Employee
Research
SASM
Service
Timetabled Teaching Hour
Tutorial Assistant
PART 3
5.
TERMS OF APPOINTMENT
Categories of Appointment
3.1
6.
Appointment Procedures
3.2
8.
Termination of Employment
3.3
3.1.1 AMENDED – Categories of Appointment are either (a)
permanent, (b) fixed term (with clear definition), or (c) hourly paid
(also with clear definition).
3.1.2 No change
3.1.3 moved and now at 3.1.1 (b)
3.1.4 moved and now at 3.1.1.(c)
3.2.1 DELETE “limited tenure” and replace with “fixed term”
3.2.2 Renamed from 3.2.1 (b) to 3.2.2 and reworded for clarity
3.2.3 (EEO) Renumbered – was previously 3.2.2
3.2.4 (Probationary Period) Renumbered – was previously 3.2.3 and
references to tenure and limited tenure changed to ‘permanent’ or
‘fixed term’.
3.3.1 ‘tenure’, ‘limited tenure’ ‘part-time’ and ‘the employer’
DELETED and alternatives used.
3.3.2 Termination on medical grounds – Renamed and reordered.
Unnecessary words
No longer relevant
Unnecessary – is an “hourly paid employee”
No longer relevant
Service to reflect the MECA status and recognition of service
at any of those institutions.
Simplified language and ease of reading for all of this section.
Whole clause re-written so that definitions are clear and that
all points relating to a specific appointment are together.
Simplified language and ease of reading for all of this section.
To ensure consistency of language and simplify CA
Renamed from ‘incapacity’ to more accurately capture the
purpose of the clause
9.
10.
PART 4
11.
12.
Disciplinary Procedures
3.4
Academic Freedom
3.5
Salary Progression
4.3
14.
Salary Allowances
4.4
15.
Payments
4.5
Salary Profile
4.6
PART 5
17.
WORKLOAD
Workload Principles
5.1
18.
Timetabled Teaching Hours
5.2
Hours of Work
5.3
Proportional Employees
5.4
19.
20.
No longer referred to as a “Miscellaneous Term”. Renumbered and
titled as a separate point.
CAREER PROGRESSION AND REMUNERATION
Salary Rates
Rates are in Schedule B
4.1
Starting salary rate determined in line with Wintec “starting salaries”
policy (previously at 4.2.2)
Staff on IEA who join union and become party to CEA are recognized
for how ‘translation’ occurs.
Hourly Paid Positions
Previously at 4.2.4 (a) and (b)
4.2
13.
16.
Remove references to ‘the employer’ as per above
4.2.1 Increments
4.2.2 Merit Bar
4.2.3 Appointment and Progression to SASM & PASM
4.4.1 Market Allowances
4.4.2 Acting higher duties allowance
4.4.3 Special responsibilities allowance
Previously split into 4.5.1 and 4.5.2. DELETE first sentence of 4.5.1.
Whole clause has been reorganized and renumbered to
simplify language and for ease of reading.
Note that “Statement of Intent” has been deleted on basis of
it being unnecessary
Previously referred to as ‘part-time’ positions. Hourly paid is
used as is a more accurate reflection of what that type of
work is.
Whole section reorganized and simplified, with new headings
and clearer wording around processes.
No change
The references to ‘equitable’, ‘reasonable’ and ‘safe’ are now stated
clearly as points 5.11, 5.12 and 5.13 respectively.
5.14 lists all aspects of workload included in TTH listed and not split
into two parts as per the original wording.
All points essentially the same at (a), (d) and (f) in original.
Points (c) and (e) incorporated into (b) for ease of reading and flow.
No change
No real change; has been included as part of the workload clause as
more logical place for sub-clause. Slight wording changes to
simplify.
Whole clause has been reorganized and renumbered to
simplify language and for ease of reading.
Note that “Statement of Intent” has been included as part of
the ‘principles’ section and not a separate item.
PART 6
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
PART 7
33.
34.
LEAVE
Hourly Paid Employees
6.1
Application of Leave
6.2
Public and Wintec Holidays
6.3
Annual Leave
6.4
Calculation
of
Annual
and
Discretionary Leave taken
6.5
Annual and Discretionary Leave
for Employees with Short Service
6.6
Sick Leave
6.7
Accident Compensation
6.8
Bereavement/Tangihanga Leave
6.9
Maternity Leave
6.10
Other Leave
6.11
Leave for Approved Statutory
Authorities
6.12
Change from Part-time ASM to Hourly paid employee. Put at front
of leave section to help clarify what leave is applicable to this group.
Previously info at 6.2 and 6.3.1 put into one sub-clause which is
clearer and more logical in progression of section.
Renumbered; minor wording change.
All parts of this section clearly numbered and have separate
identifiers.
Rewritten and re-ordered to provide clarity and ease of reading.
Renumbered only.
Renumbered only.
Renumbered; rewritten so that entitlement is clearly stated right at
the start of the sub-clause.
(d) deleted from body of CEA and shifted to Schedule D – refers to
employees appointed before 2 March 1999.
Rewritten to be clearer, and shifted from part of sub-clause 6.4.2 to
own point.
Renumbered and minor wording changes.
Renumbered only.
Maternity Grant provisions shifted to be included with leave, and
rewritten to be clearer.
Reference to Parental leave for male employees deleted as it is
currently what the legislation allows.
Rewritten in parts and renumbered.
Minor wording changes only; and renumbered.
TRAINING AND PROFESSIONAL DEVELOPMENT
Reciprocal Commitment
No change
7.1
Professional Development Leave
Previously at 7.3, but has been rewritten to provide clarity.
7.2
Clear need to highlight as a bargaining claim for next round of
collective bargaining – currently excludes male employees
from applying.
35.
36.
Initial Tutor Training
7.3
Professional
Development
Expenses
7.4
Previously at 7.2 and points (2) combined for clearer sub-clause.
Previously at 7.3 (d) and is pulled out for easier identification as a
separate point.
PART 8
37.
ALLOWANCES, EXPENSES AND GRANTS
Reimbursements
Wording more explicit about what it covers and picks up the key
8.1
parts of previous wording at Employment Related Expenses 8.1.
38.
Travel Allowance
8.2
Caring for dependents
8.3
Meal Allowance
8.4
Tea and Coffee
8.5
Transport allowance
8.6
Relocation expenses
8.7
Compassionate grant of death of
employee
8.8
39.
40.
41.
42.
43.
44.
PART 9
45.
46.
47.
48.
49.
50.
Note that previously 8.1 Employment Related Expenses has
been deleted and the provisions covered as part of the new
8.1
Rewritten to be clearer
Shifted from 8.9
Shifted from 8.3
Rewritten – minor wording changes
Rewritten – minor wording changes
Rewritten – minor wording changes; and sub-clause reordered.
Rewritten, and reordered. Definition of ‘next of kin’ included in
wording of sub-clause.
PROTECTION AND SAFETY PROVISIONS
Working Conditions
Minor wording changes.
9.1
Hearing Protection
Minor wording changes.
9.2
Eye Protection
Minor wording changes.
9.3
Protective Clothing
Minor wording changes.
9.4
Uniforms
Minor wording changes.
9.5
Safety Footwear
Minor wording changes.
9.6
Little change to entire section
51.
Immunisation – Hepatitis B
9.7
PART 10
52.
ORGANISATIONAL CHANGE
Intent
10.1
Application
10.2
Definition
10.3
Procedures
10.4
Options
10.5
Conditions Applying to Options
10.6
Rights of Employees Declared
Surplus
10.7
Statutory Employee Protection
Provision
10.8
Technical Redundancy Provision
10.9
53.
54.
55.
56.
57.
58.
59.
60.
PART 11
61.
62.
63.
64.
65.
66.
UNION MATTERS
Union Information
11.1
Deduction of Union Fees
11.2
Union Meetings
11.3
Access to Premises
11.4
Branch President
11.5
Leave for Union Business
11.6
Minor wording changes.
Minor wording changes.
Some change to section, mainly for purposes of clarity and
ease of reading.
Additions made which clarifies exactly who is entitled to the
provisions in this sub-clause.
Minor wording changes.
Minor wording changes.
Renumbered.
Minor wording changes.
Renumbered.
Minor wording changes.
Renumbered.
Minor wording changes.
Renumbered.
Minor wording changes.
Renumbered.
Minor wording changes.
Renumbered.
Minor wording changes.
Minor wording changes.
Minor wording changes.
Minor wording changes.
Minor wording changes.
Minor wording changes.
Little change to entire section, mainly removal of ‘employer’
and use of ‘Wintec’.
PART 12
67.
RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS
Resolution Process
Shift the entire section from Schedule D to Part 12. Minor wording
12.
changes to do this.
Reflects updating of CEA and change from MECA to SECA
PART 13
68.
TRANSITIONAL PROVISIONS
Market Allowances
13.1
Reflects updating of CEA and change from MECA to SECA
SCHEDULE A
SALARY RATES
69.
New Employees Scale
A.1
70.
Hourly Paid Employees Scale
71.
72.
Existing Employees previously
covered
by
MECA
(with
Discretionary Leave Exchange)
A.2
Existing Employees previously
covered by MECA (with Grand
Parented Discretionary Leave)
A.3
DELETE first sentence of Section.
Minor wording changes in 13.1
With new rates from 30/11/2010; 2011; 2012.
With new rates from 30/11/2010; 2011; 2012.
With new rates from 30/11/2010; 2011; 01/02/2012; 01/02/2013.
Notified grand parenting by 28 January 2012.
With new rates from 30/11/2010; 2011; 2012.
SCHEDULE B
FACTORS CHARACTERISING ACADEMIC STAFF MEMBER AND SENIOR STAFF MEMBERS
74.
Factors for ASM’s and SASM’s
No change in wording.
Renumbered from Schedule C to B.
SCHEDULE C
DISCRETIONARY LEAVE
75.
Discretionary Leave
Renumbered from Schedule A to C.
Minor wording changes.
SCHEDULE D
SICK LEAVE FOR EMPLOYEES APPOINTED PRIOR TO 2 MARCH 1999
76.
Sick leave for those employees Shifted from body of CEA – 6.7 and shifted to the Schedule, relates
appointed before 2 March 1999
to a small body of employees now.
77.
SIGNATORIES
No change