THE FEDERATION OF HARRIS ACADEMIES JOINT CONSULTATIVE COMMITTEE

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1 DRAFT RECOGNITION AGREEMENT THE FEDERATION OF HARRIS ACADEMIES JOINT CONSULTATIVE COMMITTEE PREAMBLE This agreement is made between the Harris Federation of Academies and the trade unions recognised by the Federation, (hereafter referred to as the trade unions ) with the intention of maintaining and furthering the best possible relationship between each the Harris Federation of Academies and the representatives of its staff. Consultation, on each occasion that it is used in this agreement and its annex, means consultation with a view to reaching an agreement. The annex to this agreement is the agreement for collective consultation between each Academy of the Federation and the trade unions recognised by the Federation. 1. GENERAL PRINCIPLES This agreement will be used for two purposes 1. As a body to whom matters that cannot be agreed at the individual Academy JCC can be referred for resolution, and 2. For the purposes of consultation between the Federation and the trade unions on matters that are common across the Federation to all Harris Academies. 2. RECOGNITION AND SCOPE (a) The trade unions recognise the right and duty of the Harris Federation to: (1) plan, organise and manage the affairs of the Federation of Harris Academies; (2) oversee the determination of the duties and responsibilities of employees and their reward according to duties and responsibilities, subject to consultations on terms and conditions of employment, with a view to reaching an agreement with the trade unions, within each Academy. (b) The Federation recognises the right of the trade unions to protect and advance its members' interests through consultation and representation within each Academy and with the Federation. (c) Each trade union recognised by the Federation shall be represented by up to two area/regional representatives of the trade union as it may choose and who will not normally be members of the workforce of any individual Harris Academy. From time to time the Federation may also decide to involve an external adviser. (d) The trade union shall give the name of its representatives in writing to the Chief Executive of the Federation and shall keep that information up to date. (e) Consultative meetings between representatives of the Federation and the trade unions will normally be held during working hours and on the Federation s premises. (f) The CEO will chair and arrange for production of minutes.

2 3. CONSULTATION WITH A VIEW TO REACHING AGREEMENTS Representatives of the trade unions and the Harris Federation will meet to consult on terms and conditions of employment which are common across the Federation. This body shall be known as the Federation Joint Consultation Committee (FJCC). There shall be two scheduled meetings of the FJCC each year on dates that are mutually agreed. In addition the FJCC shall meet when matters are referred to it by any individual Academy JCC and for that purpose additional meetings will be required and agreed. Additional meetings of the FJCC, agreed by the Joint Secretary of the Trade Union side and the Chief Executive, shall normally be convened within 15 working days of the agreed request. The agenda for each meeting shall be agreed by the Joint Secretary and the Chief Executive (or delegated representative) and shall be made available at least three working days in advance of the meeting. Any supporting documents submitted by either side relevant to an agenda item shall be exchanged at the same time. Minutes The minutes will be approved by the FJCC prior to them being forwarded to the JCC of each Academy, the governing body of each Academy or published to the membership of the trade unions. The FJCC may establish Working Groups with a membership and remit agreed by both sides. Any Working Groups set up by the FJCC will report to the FJCC. Consultations with a view to reaching an agreement Consultation may cover, but will not be limited to, the following: pay and benefits hours of work and flexitime working working patterns parental and carer leave equal opportunities policies and procedures holiday entitlements sick leave entitlements security of employment and location redundancy terms training health and safety disclosure of information disciplinary, capability and grievance procedures role of the recognised trade union representatives and time off for trade union matters

3 time of for public duties where these matters are common to all Harris Academies within the Federation and it is agreed between the Joint Secretary of the Trade Union side and the Chief Executive that there is good reason for the FJCC to consider the matter either instead of individual JCCs or before referring it to each JCC. The management side shall normally be represented by the Chief Executive and at least one other senior representative of the Harris Federation of Academies. The ACAS Code of Practice No 1 (Provision of Information to Trade Unions) will be the basis on which the Federation will provide relevant information to the trade unions prior to consultations commencing in order that the recognised trade unions can make judgements with full facts at its disposal. 4. ORGANISATIONAL CHANGE The Federation agrees that before implementing alterations to conditions of employment, major changes in established work practices or changes to the way the Federation is considering such matters across its Academies, the Federation will consult with the appointed representatives of the trade unions and seek to consult on any consequent issues through the consultation procedures. 5. FAILURE TO AGREE It is in the interest of both parties to this agreement that all consultations will be carried out as expeditiously as possible and that every effort will be made to reach a mutually acceptable agreement. If the Federation and the trade unions are unable to come to agreement on an issue that is subject to consultation the matter may be referred by the agreement of both sides to the Advisory Conciliation and Arbitration Service for conciliation or arbitration in an effort to reach settlement. Where both parties agree, the decision of the arbitrator appointed by ACAS shall be binding on both sides. Both parties commit themselves to making all reasonable efforts to reach a settlement prior to any reference to ACAS. Neither the Federation nor the trade unions will take any actions detrimental to the Federation of Harris Academies and its staff until this procedure is exhausted. 6. PROCEDURES These procedures, agreed between the trade unions and the Federation, will be used at all times, although it is recognised that each Academy JCC will operate independently for its own Academy. All procedures will be operated to ensure a speedy resolution of all matters arising. Both parties agree that there should be no need for industrial action if the procedures are followed.

4 7. TERMINATION OF THE AGREEMENT This agreement can be terminated by 6 months notice by either side during which ACAS should be involved in order to reach a new agreement. 8. REVIEW OF AGREEMENT Both parties agree to review this agreement annually to ensure that it continues to meet the needs of the Federation and the trade unions. This agreement is made..day of.. two thousand and.. on behalf of the Federation of Harris Academies by. Chief Executive and on behalf of the following trade unions recognised by the Federation

5 ANNEX. ACADEMY JOINT CONSULTATIVE COMMITTEE PREAMBLE This procedure shall be used between the Harris Academy and the trade unions recognised by the Academy, (hereafter referred to as the trade unions ) with the intention of maintaining and furthering the best possible relationship between the individual Harris Academy and its staff. Each agreement for each individual Academy JCC shall be separate and a dispute in one academy does not mean there is a dispute in any other of the Federation s Academies. Any issue affecting the Harris Federation of Academies must be dealt with through the FJCC. 1. GENERAL PRINCIPLES The Academy and the trade unions has a common objective in ensuring the long term efficiency and success of the Academy for their mutual benefit. Both parties to this agreement for the. Harris Academy commit to working together in a spirit of mutual confidence, partnership and co-operation to achieve fairness and equality in the treatment of staff. The.. Harris Academy and the trade unions agree that it is mutually beneficial for the trade unions to be consulted through agreed procedures on decisions made by the Academy which affect their members. Both parties agree to make every effort, by joint discussion, to resolve any difficulties that may arise and to ensure that this agreement is effective. The parties to this agreement are committed to the development of positive policies to promote equal opportunity in employment regardless of workers' sex, marital status, sexual orientation, colour, disability, religion, race, ethnic origin, or age in each Academy. This principle will apply in respect of recruitment, training, allocation of work and promotion. If any employee considers that s/he is suffering from unequal treatment then s/he may make a complaint that will be dealt with through the agreed procedure for dealing with grievances. 2. RECOGNITION AND SCOPE (a) In.Harris Academy the trade unions recognise the right and duty of the Academy's management to: (1) plan, organise and manage the affairs of the Academy; (2) determine the duties and responsibilities of individual employees and to reward them according to these duties and responsibilities, subject to consultations on terms and conditions of employment, with a view to reaching an agreement with the trade unions. (3) communicate with employees in furtherance of the operation of the organisation.

6 (b) (c) (d) the Academy recognises the right of the trade unions to protect and advance its members' interests through consultation and representation and in consequence accords the trade unions (1) consultation on all matters relating to the terms and conditions of employment of the staff employed by the Academy entitled to be members of each of the appropriate trade unions. No terms and conditions of employment of staff shall be amended without prior consultation between the appropriate trade unions and the Academy; (2) the right to represent individually Academy employees who are members of a recognised trade union where the member wishes in consultations under (b)(1) above each trade union recognised by the Federation shall be represented by one its members who is employed in the Academy as it may choose. From time to time a paid officer of a trade union, where such representation is considered necessary, may be involved where it is agreed by the management of the Academy who may also decide to involve an external adviser. representations under (b)(2) will be made by an elected accredited representative or by a paid officer of the recognised trade unions. 3. MEMBERSHIP OF THE TRADE UNIONS The Academy recognises that it is desirable for all employees, who are within the scope of this agreement, to be members of one of the appropriate trade unions. All such employees will be free to join and remain in membership of one of the appropriate trade unions. The Academy will advise new employees of this agreement and will encourage them to join one of the trade unions. The Academy, on request from the trade unions, will inform each of the trade unions of the names of new employees. 4. CONSULTATION UNIT The trade unions have the right to be consulted on behalf of their members and to represent those who are employed in. Harris Academy. Those consultations shall be conducted through the Joint Consultative Committee (JCC) in. Harris Academy. 5. FACILITIES The Academy recognises that the trade unions have the right to exercise their functions within the framework of this agreement. Therefore, in order for the trade unions to be able to professionally represent their members' interests, reasonable facilities for representatives will be provided. 6. ELECTION AND ROLE OF THE TRADE UNIONS REPRESENTATIVES Each trade union recognised by the Federation shall appoint one member of its choice, employed in the Academy, to represent the trade union within the Academy. The trade union shall give the name of its representative in writing to the Principal and shall keep that information up to date.

7 The Academy acknowledges that, in order for the trade unions representatives to undertake their duties professionally, reasonable paid time off from work duties is required. A reasonable number of requests from representatives to their immediate superiors to absent themselves from their Academy duties in order to undertake essential duties to represent their members employed in the Academy will not be unreasonably refused. The Academy is prepared to grant the same facility to a representative who has a representative role in the wider local community of schools in the circumstances where the Academy is properly recompensed for such an involvement by a representative who is employed in the Academy. The ACAS Code of Practice No 3 (Time off for Trade Union Duties and Activities) will be basis on which time off for trade unions representatives will be allowed. Consultative meetings between representatives of the Academy and the trade unions will normally be held during working hours and on the Academy s premises. The trade unions commit themselves to training their elected representatives to provide them with the skills and confidence to undertake their duties professionally. Actions taken in good faith and in pursuance of his or her duties as a representative shall not adversely affect any of the trade unions representative's employment with the Academy. 7. CONSULTATION WITH A VIEW TO REACHING AGREEMENTS Representatives of the trade unions and the management of.harris Academy will meet to consult on terms and conditions of employment in the Joint Consultation Committee (JCC). The management side shall normally be represented by the Principal and at least one other members of the senior management team. There shall be two scheduled meetings of the JCC each year on dates that are mutually agreed. There may be such additional meetings as may be required and agreed. Additional meetings of the JCC, agreed by the Joint Secretary of the Trade Union side and the Principal of the Academy, shall normally be convened within 15 working days of the agreed request. The agenda for each meeting shall be agreed by the Joint Secretary and the Principal (or delegated representative) and shall be made available at least three working days in advance of the meeting. Any supporting documents submitted by either side relevant to an agenda item shall be exchanged at the same time. Minutes Meetings will be chaired by the Academy Principal who will arrange for production of minutes. The minutes will be approved by the JCC prior to them being forwarded to the Governing Body of

8 the Academy or being published to the membership of the trade unions. The minutes will also be provided to the Chief Executive of the Federation. The JCC may establish Working Groups with a membership and remit agreed by both sides. Any Working Groups set up by the JCC will report to the JCC. Consultations with a view to reaching an agreement Consultation may cover, but will not be limited to, the following: pay and benefits hours of work and flexitime working working patterns parental and carer leave equal opportunities policies and procedures holiday entitlements sick leave entitlements security of employment and location redundancy terms training health and safety disclosure of information disciplinary, capability and grievance procedures role of the recognised trade union representatives and time off for trade union matters time of for public duties The ACAS Code of Practice No 1 (Provision of Information to Trade Unions) will be the basis on which the Academy will provide relevant information to the trade unions prior to consultations commencing in order that the recognised trade unions can make judgements with full facts at its disposal. 8. ORGANISATIONAL CHANGE The Academy agrees that before implementing alterations to conditions of employment, major changes in established work practices or changes to the way each Academy is structured and operates, the Academy will consult with the elected representatives of the trade unions and seek to consult on any consequent issues through the consultation procedures. 9. FAILURE TO AGREE It is in the interest of both parties to this agreement that all consultations will be carried out as expeditiously as possible and that every effort will be made to reach a mutually acceptable agreement. Following a failure to agree at the JCC the parties may, by agreement, refer the matter for resolution to a meeting of the Federation of the Harris Academies JCC (hereafter referred to as

9 the FJCC ). If the FJCC fails to resolve the matter it may decide to refer the matter to the sponsor of the Harris Federation of Academies who may decide to consult with senior representatives of the national bodies of the trade unions. If the Academy and the trade unions are still unable to come to agreement on an issue that is subject to consultation the matter may, by agreement, be referred to the Advisory Conciliation and Arbitration Service for conciliation or arbitration in an effort to reach settlement. Where both parties agree, the decision of the arbitrator appointed by ACAS shall be binding on both sides. Both parties commit themselves to making all reasonable efforts to reach a settlement prior to any reference to ACAS. Neither the Academy nor the trade unions will take any actions detrimental to the Academy and its staff until this procedure is exhausted. 10. PROCEDURES These procedures, agreed between the trade unions and the Academy, will be used at all times in the Academy. The Academy JCC will operate independently for the Academy. All procedures will be operated to ensure a speedy resolution of all matters arising. Both parties agree that there should be no need for industrial action if the procedures are followed. 11. TERMINATION OF THE AGREEMENT This agreement can be terminated by 6 months notice by either side during which ACAS should be involved in order to reach a new agreement. 12. REVIEW OF AGREEMENT Both parties agree to review this agreement annually to ensure that it continues to meet the needs of the Academy and the trade unions.