m a n a mah 2 VALUING THE WORK OF THE TANGATA WHENUA, COMMUNITY AND VOLUNTARY SECTOR A Guide to the Employment of People in Tangata Whenua, Community and Voluntary Sector Organisations: 2011 update
ISBN: 978-0-473-18516-9 New Zealand Council of Social Services, New Zealand Federation of Voluntary Welfare Organisations, Community Waikato, Service and Food Workers Union Nga Ringa Tota and Public Service Association Te Pukenga Here Tikanga Mahi This edition published in April 2011. The information provided in this resource presents an outline of some legal requirements and is not intended as an interpretation of the law. Employment law and regulations can change. For updates go to www.ers.dol.govt.nz and www.legislation.govt.nz For updates to this resource, more information about the Workplace Wellbeing Project, and more information about employment practices and policy in our sector, see our website: http://workplacewellbeing.org.nz/
CONTENTS m ana mah 2 1. Changes to the Employment Relations Act 2000 5 2. Changes to the Holidays Act 9 3. Spotlight Skills Identification Tool 11 4. Collective Agreements and Our Sector 13 5. The Waikato Community House MECA 15 PAGE A NOTE ABOUT THIS UPDATE This document updates the main Mana Mahi employment resource and should be read along with it. In this document, you will find information on the recent changes to the Employment Relations Act 2000 and the Holidays Act. We have also included additional information on collective agreements and their application in our sector. Together, these two documents provide a comprehensive guide to good employment relations and practice in our sector. MANA MAHI EMPLOYMENT RESOURCE The Mana Mahi resource consists of 17 guides to good employment practice for tangata whenua, community and voluntary sector organisations. Areas covered include employment law, employment agreements, working with Te Tiriti o Waitangi, the Human Rights Act, pay and employment equity, health and safety, performance management, managing employment relationship problems, going to mediation, and unions and collective bargaining. The guides are supported by 6 resource booklets which provide sample best practice material, templates, checklists, and other information. Included in the booklets are sample employee handbooks, sample individual employment agreements, job descriptions for employees and board members, sample performance evaluation formats, and resources for managing employment relationship problems. The CD provided with the resource provides all material in electronic form so that people can easily download the files and adapt for their own use. For a copy of Mana Mahi, visit http://workplacewellbeing.org.nz/ or contact the distributor, New Zealand Council of Social Services, 04 472 3364 or nzcoss@nzcoss.org.nz -3-
1. CHANGES TO THE EMPLOYMENT RELATIONS ACT 2000 m ana mah 2 Several amendments to the Employment Relations Act 2000 came into effect from 1 April 2011. These include: The extension of the 90-day trial period to all new employees Changes to personal grievance rules around unjustified dismissal New rules for union access to the workplace. From 1 July 2011 a further amendment will require employers to provide employees with a copy of their employment agreement. Many tangata whenua, community and voluntary organisations develop practices that provide for more favourable conditions than laid out as the minimum required by law. Strong, positive practices form the foundation of successful employment practices, and in the community sector where values of care and empowerment are central, it is important that organisations consider whether the use of new provisions is conducive to productive, good faith based employment relations. 90-DAY TRIAL PERIODS What are trial periods? Since 1 March 2009, employers employing less than 20 staff have been able to employ new employees on a 90-day trial period. From 1 April 2011 this will apply to all workplaces. Employees can be given notice at any time during the trial period and will not be able to bring a personal grievance on the grounds of unjustified dismissal. Trial periods are voluntary, which means that the trial must be agreed to by the employer and the employee at the time of hiring. They must be agreed to by both parties in good faith, and this includes the employer considering and responding to any issues raised by the employee. The trial period must be agreed to in writing and must be part of a signed employment agreement. The agreement must specify: the length of the trial period (no longer than 90 days but it can be shorter) that during the trial period the employee can be dismissed and that the employee will not be able to pursue a claim for unjustified dismissal. What rights do employees have during a trial period? During a trial period employees have exactly the same rights, protections and entitlements as all other employees. These include the right to be treated in good faith, minimum wage, health and safety, and leave. Annual leave and sick leave entitlements start accruing from the day the employee starts work. Employees dismissed under a trial period cannot bring a personal grievance for unjustified dismissal but, like other employees, can pursue a personal grievance on the grounds of sexual or racial harassment, discrimination or unjustified action by the employer that disadvantages the employee. Can an existing employee be employed under a trial period? An employer and employee can only agree to a trial period if the employee has not been previously employed by the employer. When and how does notice have to be given? Notice must be given within the trial period, even if the actual dismissal doesn't take effect until after the trail period ends. The employer must tell the employee they are considering dismissing them, and give them the chance to respond before the final decision is made. They must also follow the notice provisions in the employment agreement. So if, for example, an employee's agreement requires two weeks' notice, this is the period of notice an employer must give to terminate employment within a trial period. If an employee requests an explanation for their dismissal under the trial provisions, the employer should comply with this. What happens when a trial period ends? When any trial period ends, an employee's employment continues as agreed in their written employment agreement, and the protections under the Employment Relations Act apply. -5-
If the employee is dismissed after the end of a trial period and raises a personal grievance, then both employer and employee have full recourse to the employment relationship problem resolution processes under the Employment Relations Act 2000, including access to the Employment Relations Authority and the Employment Court. What services are available if there is a problem during the trial period? If an employment relationship problem arises during the trial period, or if the employee is dismissed, the employee and the employer can access mediation services in the usual way. Where do I go if I have questions or concerns? Anyone who has questions or concerns related to trial periods can contact the Department of Labour on freephone 0800 20 90 20. If you are an employee, you can contact a union for advice and guidance. The two main unions covering our sector are the Service and Food Workers Union Nga Ringa Tota and the Public Service Association Te Pu kenga Here Tikanga Mahi. What Do These Changes Mean for Our Sector? We believe the new trial period provision is of limited value to most sector organisations. Most organisations are seeking to recruit people into an environment where they feel valued, secure and empowered to make a difference. Existing probationary provisions already provide a framework for putting people through their paces if this proves necessary (see 'Probationary Periods', Mana Mahi Guide 4). All due care needs to be taken. Apart from the lack of ability to raise a personal grievance on grounds of unjustified dismissal, the use of a trial period does not affect the right of employees to be treated fairly and reasonably in compliance with the Employment Relations Act. Organisations in our sector should certainly not seek to use the new trial period provision to solve underlying problems of poor recruitment practice and inadequate employee management. At best this could just mask underlying problems, costing valuable resources and time. At worst it could cause financial ruin. Rather than resorting to poor practice, we believe that organisations should be looking to employ and manage well, agreeing performance expectations from the start and if necessary, implementing procedures for managing employment relationship problems if or when the need arises. CHANGES TO PERSONAL GRIEVANCE RULES The Employment Relations Act 2000 gives all employees the right to pursue a personal grievance on the following grounds: Unjustifiable dismissal (unless the employee has been dismissed during a 90-day trial period) Unjustifiable action that disadvantages the employee Discrimination, sexual or racial harassment Duress over membership of a union or other employee organisation. From 1 April 2011 there will be a new test for determining whether a dismissal or an action was justifiable. The new test is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. Factors the Employment Relations Authority or court must consider when deciding this include: Whether the employer sufficiently investigated the allegations against the employee before the employee was dismissed or action was taken against them. The resources the employer has to deal with such matters will be taken into consideration. Whether the employer raised the concerns with the employee, whether the employee had the opportunity to respond, and whether the employer genuinely considered the employee's explanation before dismissing or taking action. Even if it is found that an employer did not follow a process correctly, the dismissal or action will not be considered unjustifiable if the employer's mistakes were minor and did not result in the employee being treated unfairly. Remedies for personal grievances Remedies for a personal grievance can include reimbursement (if, for example, the employee has lost wages), compensation (for example, for humiliation or loss of dignity) and reinstatement. Previously, if a personal grievance was found to be valid and the employee asked to be reinstated, the Employment Relations Authority was required to order this, if it was practicable. From 1 April 2011 reinstatement will no longer be the primary remedy for settling personal grievance claims. It will still be an option, along with all the other remedies, but the Authority will only be able -6-
to order reinstatement if it is practicable and reasonable to do so. UNIONS AND COLLECTIVE BARGAINING Union access to workplaces The Employment Relations Act 2000 set out rules for union access to workplaces. Union representatives could visit workplaces, for example, for union meetings and to promote their members' employment rights. Employers were required to let union representatives into the workplace provided that they complied with health and safety procedures, entered the workplace at a reasonable time, and told the employer the reason for their visit. From 1 April 2011 union representatives will require the consent of the employer before entering a workplace. The employer will not be able to unreasonably refuse access and must respond to a request as soon as possible (no later than the day after the request was made). If an employer refuses union access, they have two working days to provide the union representative with a written explanation of their reasons why consent was withheld. We note that there is very little evidence that union access to workplaces was a problem that needed fixing. Most unions regularly give employers notice that they are planning to visit, and work within the existing guidelines. Nevertheless the Act has been amended. WRITTEN EMPLOYMENT AGREEMENTS From 1 July 2011 employers will be required to provide employees with a copy of their signed employment agreement. If the employment agreement has not been signed - for example, if there are conditions still to be agreed on - the employer must provide the employee with an unsigned copy. Employers will also be required to retain copies of employment agreements themselves. Information www.sfwu.org.nz - Service and Food Workers Union Nga Ringa Tota www.psa.org.nz - Public Service Association Te Pukenga Here Tikanga Mahi www.ers.govt.nz/problem/mediation.html - information about Mediation Services http://ers.govt.nz/updates/guide-legislation-changes/ - Information from the Department of Labour on the changes to the Employment Relations Act Resources - Mana Mahi Guide 4 - Employment Agreements 'Probationary Periods' Guide 15 - Mediation -7-
2. CHANGES TO THE HOLIDAYS ACT m ana mah 2 The Holidays Act 2003 sets out the minimum entitlements of all employees to annual leave, public holidays and sick leave. Changes coming into effect in 2011 include allowing employees to request to cash in one week's annual leave, allowing employers and employees to agree to transfer a public holiday, and extending the rights of employers to request proof of injury or illness when an employee is on sick leave. As with the changes to the Employment Relations Act, we believe that any use of these new provisions needs to be considered on the basis of whether they will be conducive to productive, good faith-based employment relations. All employees are entitled to four weeks' paid annual leave after their first year of employment. Employees are entitled to take at least two of their four weeks as one block. It is usually up to employers and employees to agree when the leave is taken but there are special rules for workplaces that have an annual closedown period. If a workplace regularly closes down at the same time every year, they can require their employees to take annual leave during this period. From December 2010 if an annual close down period includes public holidays (for example Christmas Day and Boxing Day) employees are entitled to be paid for those public holidays if they would have otherwise been working days for the employee. CASHING IN ANNUAL LEAVE From 1 April 2011, employees can request to cash in up to one week of their annual leave. The employee is still entitled to four weeks paid leave but can ask to work and receive payment for all or part of one of those weeks. How do employees apply to cash in annual leave? Employees wanting to cash in all or part of a week of their annual leave must ask their employer in writing. The employer must reply, also in writing, within a reasonable time. An employer can turn down an employee's request and does not have to give a reason why. Can cashing in leave be a condition of an employment agreement? The opportunity to cash in up to a week's annual leave is voluntary for both employers and employees. It cannot be a condition of an employment agreement that an employee has to request to have some annual leave entitlement paid out. This means, for example, employers cannot ask employees to sign an employment agreement specifying only three weeks leave with payment for the fourth week included as part of their salary. An employment agreement cannot require an employer to agree to pay out a portion of an employee's annual leave. Can workplaces decide not to allow workers to trade in their leave? Employers can develop a policy not to consider requests to trade in leave. The policy can apply to all or just some parts of their workplace, and means those employees covered by the policy cannot request to trade in leave How much money should an employee receive if they cash in a week's leave? At a minimum, the employee should receive either the equivalent of their ordinary weekly pay, or their average weekly earnings (whichever is the highest amount). Above this minimum there are no guidelines for how much an employee should be paid. Employees in high demand industries may be able to negotiate a higher rate for agreeing to come to work and forgo a week's leave. TRANSFERRING PUBLIC HOLIDAYS There are 11 public holidays observed in New Zealand each year and all employees are entitled to a paid day off on those days - if the public holiday falls on a day they would normally work. Employees who are required to work on a public holiday are entitled to be paid time and a half. -9-
From 1 April 2011 employers and employees will be able to agree to transfer the observance of a public holiday to another working day. This means, for example, an employee could request to have the observance of Boxing Day transferred to another working day. The employer and the employee have to agree to this in writing (either in their employment agreement or in a separate agreement). Both the public holiday and the day to which the public holiday is to be transferred both have to be days the employee would otherwise have worked. Do employers have to agree to the transfer? No. Workplaces can have a policy that there will be no agreements to transfer public holidays. This policy can apply to all, or just part of a workplace and means that employees covered by the policy will not be able to request to transfer a public holiday. Public holidays cannot be transferred for the purposes of allowing an employer to avoid their obligation to pay time and a half and an alternative holiday. PROVIDING PROOF OF ILLNESS OR INJURY All employees are entitled to five days paid sick leave every year (once they have been in the same job for six months). Sick leave can be used if the employee is ill or injured or if a dependent (for example, a child, spouse or partner, or parent) is sick or injured and requires care. The Holidays Act used to give employers the right to ask for proof of injury or illness when an employee (or their dependent) had been unwell for more than three consecutive days. Or employers could ask for proof within those three days if they had reasonable grounds to believe the illness or injury was not genuine. From 1 April 2011 an employer can ask for proof of illness or injury within the first three days of sick leave, even if there are no reasonable grounds at all for thinking the employee's injury or illness is not genuine. Employers wanting proof of illness have to tell the employee this as soon as possible, and agree to meet the employee's reasonable expenses of getting a medical certificate. This is likely to mean the cost of the employee's visit to their GP. Employers can ask for proof of a dependent's illness or injury if that is the reason for the employee's sick leave, and again must agree to meet the expenses of a medical certificate. Information www.sfwu.org.nz - Service and Food Workers Union Nga Ringa Tota www.psa.org.nz - Public Service Association Te Pukenga Here Tikanga Mahi http://ers.govt.nz/updates/guide-legislation-changes/ - Information from the Department of Labour on the changes to the Holidays Act Resources - Mana Mahi Guide 4 - Employment Agreements Guide 5 - Minimum Employment Rights -10-
3. SPOTLIGHT SKILLS IDENTIFICATION TOOL m ana mah 2 Much of the work done in our sector is highly skilled service work. Yet, like service work in other sectors, generally the skills used to undertake this work are under-valued and under-defined. Employers often struggle to describe the skills they are seeking to recruit and retain, and often, employees too struggle to describe what they are actually best at caring for and working with people. The Spotlight Skills Identification Tool is a relatively new skills recognition framework that has been developed with the aim of assisting employees and employers to better recognise their 'people' skills. It is now available as an online tool. What is the Spotlight? The Spotlight Skills Identification Tool is a skills recognition tool. It is designed to help job-holders and managers, and is helpful whether or not people have formal qualifications. It helps identify the skills being used when human services are being performed. The Spotlight provides a systematic means of shining a light on the hard-to-define, often-overlooked 'people' skills that are very often essential to high quality work performance and effective service delivery. The Spotlight skills classification framework consists of three sets of skills awareness shaping, interacting/relating, and coordinating. Within each of these skill sets there are five learning-based levels of each skill, beginning with familiarisation and proceeding through to automatic fluency, proficient problem-solving, Why do 'people' skills often go unnamed or get overlooked? The Spotlight research suggested that 'people' skills may be under-described for many reasons. Skills may relate to tacit or implicit knowledge ('it's just what we do'), or to tapu issues which cannot be talked about or described. Some people skills may be dismissed as informal or differently recognised depending on who is exercising them (for instance 'emotional intelligence' may be taken for granted in female care-givers but rewarded in fire-fighters.) Finally, some skills may be under-specified because they are 'second-order' skills involving monitoring one's own learning, behaviour and impacts. These under-specified skills may include integrative skills of sequencing and coordinating workflows. (Junor, A. I. Hampson and M. Smith (2009), 'Valuing Skills: Helping Mainstream Gender Equity in the New Zealand State Sector', Journal of Industrial Relations, 24: 195). What can it be used for? The Spotlight framework lends itself to a range of people management applications, ranging from recruitment, selection and induction through to skills audits, performance management, and exit interviews. It can also be used to assist with job evaluation processes. For employers, the Spotlight can help identify future job skill requirements, highlight existing staff strengths, identify ways in which staff can creative solution-sharing and expert systemshaping. Within each of the three skill areas, skills are further broken down to nine elements. The framework and its three skill areas are not intended to comprehensively itemise all of the skills a person might possess. They simply help to unpack 'the under-recognised social and organisational skills that underpin work processes in any job. The framework helps give a new precision to terms such as 'problem-solving', 'teamwork' and 'communication' and the depth of skill a person may have developed in these areas. It recognises that these skills are not personal qualities, but in fact learned capabilities, and that many skills may be based on prior experience and honed through workplace practice by people lacking formal qualifications. -11-
progressively deepen their people skills and assist with retention and career-pathing. For employees and unions, it helps better articulate the value of the work done in service roles, and as such 'is a step toward full recognition of the intangible skills of predominantly female jobs and occupations' (Junor et al, 2009: 208). For service users, it helps ensure high quality care and support. For all these reasons, it matters that these skills no longer go unrecognised. Information For more information about the spotlight tool, visit the online resource: www.spotlightworkskills.com -12-
4. COLLECTIVE AGREEMENTS AND OUR SECTOR m ana mah 2 In organisations with two or more staff, a process of collective bargaining leading to a collective employment agreement can provide the foundation for strong, healthy workplace relations. This section outlines in brief what is involved in collective bargaining and the contribution that collective bargaining can make to building healthy workplace relationships. This section on collective bargaining is an extension on the material in our original resource. For more information on developing collective agreements, see the links at the end of this section. An example of a collective agreement developed in our sector is included at the end of this document. Fostering good workplace relationships As most people know, employees have the right to join a union, attend union meetings, engage in collective bargaining, have a collective agreement, and have union representation when they need it. (Indeed, it is illegal for employers or anyone else to treat employees differently because they are union members, or to pressure employees to join or to not join a union.) Rather than seeing this as a barrier to productivity, proactive employers recognise the opportunity that union participation in the workplace represents to develop strong, sustainable workplace relationships and support good employment practices. By joining a union, employees gain access to information, resources and training. In a sector typically short of funds for training and development, this provides an important opportunity for valued employees to develop in their roles. Unions also offer access to a range of member benefits, such as retirement savings schemes, credit unions and accident insurance schemes, and holiday homes. Through unions' delegate structures, employees can also be supported to take up leadership roles in the industries within which they work. All of this can help staff feel they are making a meaningful contribution to their organisation and their work, an important factor in assisting staff retention. Unions also have a wealth of knowledge about good practice in areas such as productivity and health and safety, and can help when difficulties arise, or even better, work with employers to prevent them. relationship. It can also be a cost effective way of determining employment conditions employers need only negotiate one document with staff, rather than negotiate with each employee on an individual basis. Through a process of collective bargaining, employers, employees and unions can work together to negotiate common terms and conditions, providing more transparency and a greater degree of certainty for everyone. Collective bargaining can therefore be an important tool for enabling genuine dialogue and building productive relationships between employers, employees, and unions. Successful collective bargaining can also improve productivity in workplaces because it can build workplace relationships. It also provides a channel for exchanging ideas, promoting parties' common interests, and managing separate interests effectively. Funding is almost always an issue for community organisations. While it may not be able to resolve funding problems, the presence of a collective agreement can strengthen the union's ability to advocate to funders in support of the organisation. What is a collective agreement? It is a binding agreement between a group of 2 or more employees, their employer and 1 or more unions, setting out pay and conditions, and negotiated between union representatives and employers on employees' behalf. Only employers and registered unions can bargain for collective agreements. Collective bargaining In organisations of more than 2 employees, a process of collective bargaining can be used to underpin and support a healthy employment -13-
What does collective bargaining involve? The Employment Relations Act 2000 defines collective bargaining as 'the process of bargaining between representatives of workers and management to determine working conditions and terms of employment and regulate relations between employers, workers and their representatives.' It includes 'all the interactions between the parties that relate to the bargaining, including negotiations and all related communications and correspondence before, during and after negotiations. Stages of collective bargaining There are usually many stages in collective bargaining. In each of these stages the duty of good faith must be complied with. Making the preliminary decisions about bargaining who, when, what and how Deciding on proposed coverage Dealing with bargaining notices Joining existing bargaining and consolidating bargaining Entering into a process agreement Meeting to present, consider and respond to bargaining claims Continuing to bargain when other issues are at a standstill Dealing with representatives Communicating during bargaining Requesting and disclosing information Using independent reviewers for information Resolving problems Ratifying the agreement. What must be in a collective agreement? Collective agreements must be in writing and include: A coverage clause For most employees, an employee protection provision for situations where the employer's business is restructured A clause on the services available for resolving employment relationship problems A variation clause The date or event on which the agreement expires. Collective agreements can also include: A term or condition of employment that is intended to recognise the benefits of a collective agreement or the benefits arising out of the relationship on which a collective agreement is based A subsequent parties clause, that allows other unions and/or employers to join the collective agreement after it has come into force A bargaining fee clause Any other clause, providing it is not contrary to law or inconsistent with the Employment Relations Act 2000. New rules for collective bargaining Only registered unions and employers can bargain for collective agreements. The Employment Relations Act 2000 requires them to bargain in good faith. From 1 April 2011 employers will be able to communicate directly with employees during collective bargaining. This means, for example, the employer can present its proposals for the collective agreement directly to its employees. All communications must be consistent with the duty of good faith, and employers may not directly bargain with the employees or to undermine the union. Information www.sfwu.org.nz - Service and Food Workers Union Nga Ringa Tota www.psa.org.nz - Public Service Association Te Pukenga Here Tikanga Mahi http://ers.govt.nz/bargaining/ - Department of Labour Employment Relations Service resource on collective bargaining -14
5. THE WAIKATO COMMUNITY HOUSE MECA m ana mah 2 This final section showcases a ground-breaking multi-employer collective agreement (MECA) developed by staff and boards of a group of community houses in the Waikato. It is a prime example of how community organisations are role-modelling and celebrating our collaborative way of working using some of the tools available under the Employment Relations Act 2000. Staff and boards from three community houses in the Waikato - Pukete, Hamilton East and Ngaruawahia - have been part of a successful pilot project working on the development of a 'Waikato Community Organisations Collective Agreement'. This agreement gives the groups a common set of good practice employment conditions and salary ranges that accurately reflect both the skilled work undertaken by staff and the financial realities faced by the three organisations. What is a MECA? Multi-Employer Collective Agreements (MECAs) are collective agreements which involve two or more employers and one or more unions. They can be an effective way of organising across employers to provide consistent rates of pay and conditions for employees doing similar work. While many sector workplaces are small and for that reason may have had little to do with unions and/or seen the relevance of having collective agreements, the Multi Employer Collective Agreement mechanism offers a way forward for combining together to achieve common standards, pay and conditions for staff in our sector. The MECA project was undertaken in partnership with Community Waikato and the Service and Food Workers Union Nga Ringa Tota, and with support from the Department of Labour's Partnership Resource Centre (see box) and the Workplace Wellbeing Project. The three community houses are all members of the Waikato Community Houses Network, a long established network of 30 community houses from around the region. Working together, the boards, staff and union developed a set of common standards for employment policy across the three houses. The MECA grew from a number of conversations about how we realistically reflect the value of the people who work in our sector. It developed some bench marks and a process for setting remuneration and conditions in the sector. It also highlighted the need to take a collaborative approach to addressing how we fund any improvement to remuneration levels by planning a joint approach to funders. The focus of the multi employer collective agreement (MECA) was and is on developing a strong partnership between service providers, staff and their union. All parties to the MECA believe that a collective employment agreement is a basic human right it fits a collective sector that is built from the bottom up. Discovery about how a Multi Employer Collective Agreement works involved a steep learning curve and working with the union movement was new to most of the participants. However, working together in partnership allowed the union, management and employees to build on their combined strengths and work together towards a common goal. What are the benefits for employers? The MECA helps the three boards budget for future employment costs and provides consistency in terms and conditions across their three houses. Also, because they are now dealing with one collective agreement rather than continually having to negotiate new agreements with individual staff, it saves the boards time too. What about funders? By providing a consistent set of standards for wages and working conditions across the three Houses, the MECA can give funders the confidence that they are funding consistent quality service delivery across the entire group. The excitement at the launch of the MECA in October 2009 was palpable. It had been a longtime aim of the network to collaborate around the development of a collective set of conditions and pay that reflected the current realities in which they operated, but that also enabled them to take small -15-
steps forward to achieving the goal of secure and fair conditions and funding for the staff which reflected the real skill, experience and value of the work undertaken by the many committed staff who work in community-based social services. A year later, after reviewing the pilot, all parties enthusiastically agreed to renew the agreement and to make it open to other community organisations to join. The first new group was the Western Community Centre and there are several more currently exploring the possibilities of joining the MECA. The goal is to see the MECA widely used in the community sector as a framework for valuing the work undertaken in our sector. It's about having strong, sustainable employment conditions and relationships that have caring, values-based foundations. Partnership Resource Centre The Partnership Resource Centre (PRC) helps employers and unions build positive relationships and work together in partnership. It has a team of independent associates who each have extensive knowledge and experience in industrial relations and organisational development. They can work alongside employers, unions and staff, and help them develop constructive partnerships, improve their current partnership practices, or work through a particular problem. Building expertise and promoting partnership Partnership is a modern approach to managing employment and industrial relations. It's about creating new employment relationships based on co-operation and mutual gain. Across the world, and in New Zealand, many organisations have seen the benefits of partnership. That's why the Partnership Resource Centre has been working to become a centre for partnership excellence. It has developed a collection of useful resources for people exploring partnership practices, and conducts research and organise events to educate New Zealand organisations and unions about partnership. For more information contact: partnershipresourcecentre@dol.govt.nz -16-
ma n a mah 2 VALUING THE WORK OF THE TANGATA WHENUA, COMMUNITY AND VOLUNTARY SECTOR Workplace Wellbeing Sample Collective Employment Agreement
The full text of this document can be downloaded at http://workplacewellbeing.org.nz/
SECTION 1 GENERAL 1.0 Status of Agreement This agreement is a collective employment agreement made pursuant to the Employment Relations Act 2000 and subsequent amendments. 1.1 Parties This collective agreement is made pursuant to Part 5 of the Employment Relations Act 2000, and is made between, and is binding on the following parties: (i) xxxx also known as the employer and (ii) xxxxx also known as the union. 1.2 New Employees The parties agree that any new employee who is covered by the application clause of this agreement shall be employed on the terms and conditions of this agreement for the first 30 days of their employment. New employees shall, in the first instance, be offered in writing the opportunity to become a member of the union, which is party to this agreement. The new employee shall from the date of becoming a union member, be entitled to all the benefits, and be bound by all the obligations, under this agreement. Further to this, the provisions of section 62 off the Employment Relations Act 2000 shall apply. The employer as part of the appointment process shall provide new employees, union membership forms and recruitment materials. Membership forms and recruitment materials shall be supplied by the union. The employees shall also be provided the names and contact details of the union local delegates and Union Organiser, which shall be supplied by the union. The employer shall provide to the union names and work location of all employees (within the application clause) that have been appointed, provided that employees have given permission to do so (such permission shall be sought by the Employer upon commencement). This information shall be provided within 14 days of commencement of employment. The employer will give the new employee a copy of this collective agreement, a union membership form and union promotional material as provided by the union and provide union representatives access to all inductions of all employees. 1.3 Existing Employees Existing employees who are covered by the application clause of this agreement may become union members at any time. Employees shall, from the date of becoming a union member, be bound by all benefits and obligations relating to employees under this agreement. 1.4. Application The following employees shall be covered by this agreement: (a) All employees employed by the employer parties to this agreement in any of the following capacities: (b) Any other employees substantially employed in the above occupational groups who may from time to time use an alternative title. OR All employees of the employer who join the union 1.5. Variation of Agreement This agreement may be varied by agreement between the employer, union and a majority of those employees who are directly affected by such variations. Such agreement shall be in writing and signed by the union and employer. Any such variations to this agreement shall be included in the personnel files of the affected employees. A copy shall be provided to both the affected employee and the union. 1.6 Freedom of Association The employer acknowledges the right of employees to join and participate in any union party to this Agreement. To facilitate this the employer will: (a) Permit union representatives to access workplaces within the coverage of the agreement at reasonable times and in a reasonable manner having regard to health and safety issues. (b) Allow the union to hold at least two paid meetings of their members of a maximum of two hours duration in each calendar year, provided at least 14 days notice is given by the union to the employer. (c) Recognise workplace union delegates upon notification of their election from the union and shall allow them reasonable time during working hours to carry out union activities including helping to negotiate this agreement. (d) Grant leave for employees covered by this Agreement to attend courses authorised by the union to facilitate the employees' education and training as delegates in the workplace in terms of procedures laid out on Part 7 of the Employment Relations Act 2000. The employer recognises the right of employees, in respective work areas, to select a fellow employee to represent their interests. The number of days education leave granted is based on the formula as follows: Fulltime Equivalent Eligible Employees Days of employment relation education leave the union may allocate 1-5 3 6-50 5 51-280 1 per 8 FTEE or part of that number 281 or more 35 days plus 5 days for every FTEE or part of that number that exceeds 280-19-
The leave shall be approved by the employer and shall not be unreasonably withheld. The union shall advise the employer 21 consecutive days in advance of the names and times of any course or programme. For the purposes of this clause a year shall mean a period beginning on the 1st day of March. (e) Deduct union fees from the wages of union members who are bound by this agreement each pay period. Remit all deducted fees to the union not less than monthly on the 20 of the month following deduction. Such remittance is to be made as a single bulk direct credit, to the union's bank account with an identifying reference. th Simultaneously forward to the union via email where possible, or by post a schedule detailing the names and addresses of the employees, the value of the deduction, employee's payroll numbers, the termination date of any employee who has left and details of the period covered by the remittance. 1.7 Term of the Agreement This Agreement will come into force on........and expire on........ 1.8 Savings This is a minimum rate document that doesn't preclude additional terms and conditions. The making of this agreement shall not disadvantage those employees who are covered by it. To that end nothing in this agreement shall serve to reduce the terms and conditions of any employee covered by this agreement. Those employees who have individual terms that are superior to this agreement shall continue to retain those terms until such time as they agree to vary them. 1.9 No employee will be subject to a trial period within the meaning of the Employment Relations Act 2000. 1.10 Definitions o Permanent Full-Time is an employee employed to work thirty seven and one half hours (37.5) hours per week. o Permanent Part-Time is an employee who regularly works less than t hirty seven and one half hours (37.5) hours per week. o Casual employee is an employee who has no set hours or days of work, and is asked to work as and when required. Casual staff cannot be used to replace genuine permanent or temporary situations except to meet business requirements when no other alternative is available. 8% should be paid in addition to the hourly rate. o Temporary employee is an employee employed for a specific limited term for a specified project or situation, or to replace an employee on parental leave or long term accident or sickness. There is no expectation of ongoing employment. Temporary agreements must not be used to deny staff security of employment or to assess whether an employee is suitable for a permanent position. o Duty is a single continuous period of work excluding on-call and call-back. A duty shall be defined by a starting and finishing time. 1.11 Consultation The parties to this agreement will consult about matters which relate to terms of employment and/or professional issues relevant to the work of the employees. The aim of consultation is to: Improve the decisions that the employer makes after consultation with employees Ensure employees have an opportunity to contribute to and understand decisions made by the employer Enhance co-operation, effectiveness, efficiency and safety in the workplace. Consultation may take various forms dependent on the subject matter concerned but it will normally include: Sharing relevant information Adopting a problem solving approach to issues Endeavouring to reach decisions by consensus where practicable The parties will meet as and when required but in the normal course of events consultation of this nature will be incorporated into regular meetings (usually held once or twice a year). 1.12 Equity The employer is committed to fair treatment of employees and equality of employment opportunities. All employees will have equal opportunity for recruitment, development and promotion regardless of gender, marital status, family responsibilities, ethnicity, religion, disabilities, sexual orientation/preference, or age. We will demonstrate through service delivery and human resources policies our commitment to the Treaty of Waitangi. -20-
SECTION 2 HOURS OF WORK 2.0 Hours of Work 2.1 The ordinary hours of work shall be thirtyseven and one half (37.5) hours per week and seven and one half (7.5) hours per day, Monday to Friday between the hours of 8am and 6pm. 2.2 Start and finish times shall be agreed between the Employee and the relevant manager. 2.3 To accommodate the needs of employees, service users, and to fulfil contractural requirements, these hours may be varied by mutual agreement. Such agreement shall not be unreasonably withheld. These include flexitime arrangements which shall operate on an hour for hour basis. 2.4 Meal and Rest Breaks (a) An interval of fifteen minutes shall be allowed to each Employee within each period of four hours for a refreshment break. A hot drink of tea or coffee with milk and sugar and drinking water shall be available at the employer's expense at these times and at meal breaks. (b) No employee shall be required to work for more than 5 hours without an unpaid uninterrupted break of hour an hour for a meal. The meal break of half an hour may be extended by mutual agreement. An employee unable to be relieved from work for a break shall be allowed half an hour to have a meal on duty and this period shall be regarded as working time. SECTION THREE - RATES AND CONDITIONS OF PAY 3.1 Rates of Salary The rates of salary/wages set out below shall be payable to all Employees covered by this Agreement Normal progression through each pay scale shall be by annual increment except where specifically stated otherwise. Pay ScaleSalaryPer Hour Top of the scale xxxxxxx xxxxxxx xxxxxxx xxxxxxx xxxxxxx xxxxxxx xxxxxxx xxxxxxx Support Worker: xxxxxxx xxxxxxx Social Worker: Counsellor: Team Leaders: Coordinators: Clerical/Administration: 3.2 Overtime (a) All workers required by the Employer to work additional hours in excess of eight hours per day or forty hours per week, shall be paid overtime at T1½ for the first three hours and thereafter at T2. (b) Part-time workers shall not qualify for this payment until they have worked for eight hours per day or forty hours in the week, being Monday to Sunday. Overtime shall be calculated on a daily basis. -21-
SECTION FOUR ALLOWANCES AND PENAL RATES 4.0 Recognition of Qualifications (a) A payment for recognition of qualifications is payable for employees who have completed relevant qualifications. (b) On completion of the 'Certificate in xxxxxxx the employee is eligible for a payment of an $ xxxxxx gross per year. (c) On completion of the 'xxxxx Certificate' the employee is eligible for payment of $xxxxx gross per year. (d) On completion of the Diploma/ Bachelor in xxxxxx and/or Diploma in xxxxxx qualification the employee is eligible for a $ xxxxx payment of gross per year. Payment of the qualification allowance will be made from, and starting at the date at which confirmation of the qualification or current practising registration is provided to the employer. Other equivalent and relevant qualifications will be recognised at the discretion of the Chief Executive. 4.1 Higher Duties Allowance (a) A higher duties allowance shall be paid to an employee who, is performing duties and carrying responsibilities of a position of a class or grade higher than the employees own. The higher duties allowance payable shall be the difference between the current pay of the employee acting in the higher position. (b) To qualify for payment of higher duties allowance an employee must perform the duties of the higher position for at least 5 consecutive working days. The allowance shall be paid for all days on which the employee has substantially performed the higher duties. 4.6 Expenses On production of proof of expenditure employees will be reimbursed for any reasonable expenses incurred and necessary in the course of their duties. Such expenses require approval in advance, except in case of emergency. 4.7 Transport Allowance Employees authorised to use their own car on approved employer business are entitled to reimbursement at the IRD mileage rate. Employees who use their own car to attend work, including staff training, at a venue that is not their usual workplace are entitled to reimbursement for the actual additional distance at the rate specified by IRD from time to time. SECTION FIVE - LEAVE 5.0 Public Holidays Employees shall receive and be paid for public holidays in accordance with the Holidays Act 2003. The following days shall be observed as public holidays. New Years Day Sovereigns Birthday 2nd January Labour Day Waitangi Day Christmas Day Good Friday Boxing Day Easter Monday Regional Anniversary Day ANZAC Day All employees are entitled to a day off, paid at their relevant daily rate if the day on which a public holiday falls would otherwise be a working day for the employee. If an employee works on an observed public holiday, the employee shall be paid time and one half their ordinary rate for the hours worked. If the public holiday is observed on a day that would otherwise be a working day for that employee, the employee is also entitled to a full alternative holiday regardless of how many hours that employee worked. If the employee is required to work on a public holiday which is their normal rostered day on, they will be granted a paid alternative holiday. If the employee is required to work on a public holiday they shall be paid at time and a half. Permanent Part time and casual employees who work rostered shifts shall receive an alternative holiday for public holidays if they worked on the day of the week that the public holiday falls on more than four times in the previous 10 weeks. When a public holiday falls during a period of annual leave or sick leave on pay an employee is entitled to that holiday which is not to be debited against such leave. 5.1 Annual Holidays The term 'week' when related to annual holidays is determined in accordance with s17 of the Holidays Act 2003. The term 'leave year' means the year ending with the anniversary date of the employee's employment or such later date as allowed by s16(2) of the Holidays Act 2003 when an employee has taken unpaid leave. -22-