REMINDER FOR BOARDS OF TRUSTEES. (NB: this reminder does not form part of the IEA)
REMINDER FOR BOARDS OF TRUSTEES. (NB: this reminder does not form part of the IEA) INDIVIDUAL EMPLOYMENT AGREEMENT (CARETAKER, CLEANER, CANTEEN WORKER) The Employment Relations Amendment Xxx 0000 came into effect on 6 March 2015. One amendment was the removal of the ‘30-day rule’ for new employees who are not union members. The ‘30-day rule’ required new employees (who were not union members) to be employed on the terms and conditions in the collective agreement for their first 30 days on the job – if their work was covered by a collective agreement. They could only add terms and conditions that were not inconsistent (i.e. not lesser than the terms and conditions of the relevant collective agreement). After 30 days, the employer and employee could agree to change the individual agreement as they saw fit (unless the employee joined the union). The removal of this rule means employees who are not union members can negotiate an individual agreement as they see fit from the start of their employment, even if there is a collective agreement that covers their work. Employers who want to offer employees something different from the promulgated IEA will still have to seek concurrence.
REMINDER FOR BOARDS OF TRUSTEES. (NB: this reminder does not form part of the IEA) INDIVIDUAL EMPLOYMENT AGREEMENT TEACHER AIDES New employees – where a collective agreement is in force • New employees who are or become members of the NZ Educational Institute – Te Riu Roa (NZEI Te Riu Roa) or E tū (the union) and who perform the work covered by the Support Staff in Schools’ Collective Agreement (the Collective Agreement) will be bound by that collective agreement. • New employees who are not members of the union and who perform the work covered by the Collective Agreement must be offered an individual employment agreement which, for the first 30 days of employment, contains terms and conditions of employment of that collective agreement. • Before agreeing to the individual employment agreement and before the employee commences work, the employee must be advised that: • they are entitled to seek independent advice about the proposed employment agreement • the collective agreement exists and covers the work to be done by the employee • the employee may join the union, and how they can contact the union, and • if the employee joins the union, they will be bound by the collective agreement. • The employer must give the employee: • a copy of the collective agreement • any information about the role and functions of the union that the employer is required to provide to prospective employees in accordance with a request by a union under section 30A of the Employment Relations Act • a reasonable opportunity to seek independent advice. The employer must also consider any issues that the employee raises and respond to them, and • within 10 days after they commence employment, a copy of MBIE’s “Form for new employees to indicate if they intend to join a union”, for the employee to complete and return. A copy of the form can be found here and further guidance can be found here. • At the end of the first 30 days of employment, if the employee has not joined the union, the employer and employee may agree to vary the terms and conditions of employment. • If the parties wish to vary the promulgated individual employment agreement, whether on appointment or after the 30 day period, they will require concurrence from the Ministry. Note that the employee must be informed that they are entitled to seek independent advice about any variation to the promulgated agreement that is offered. • If the employer and employee choose not to vary the terms and conditions of the promulgated individual employment agreemen...
