3 February 2010

Dear ITP MECA members

Happy New Year to you and I hope you have all had a good break and used all your discretionary leave entitlement!

New Employers’ Offer

We have received a letter from the employers with a revised offer, which is included in this newsletter. “ Also included is a summary prepared by TEU of the differences between the offer presented on 8 December and the new one.

Stopwork Meetings

Stopwork meetings have been arranged for the week of 8 to 12 February. At these meetings we will discuss the current offer and where to from here.

February stopwork meeting schedule

(venues will be advised by the branch representatives separately)

• Monday “ 8 Feb, Wintec, 1pm to 3pm (note change of time)
• Tuesday9 Feb, NorthTec, 10am to 12noon
• Wednesday 10 Feb, Unitec, 10am to 12noon
• Thursday 11 Feb, WITT, 10am to 12noon
• Friday 12 Feb, Whitireia, 10am to 12noon
• Friday 12 Feb, BoPP, 10 am to 12noon

Please ensure that you come to these meetings and be part of the discussion and voting that will be taking place.

If you have any questions about the offer prior to the meetings please don’t hesitate to email me – http://scr.im/irenabrorens

Kia kaha and solidarity

TūKotahi – Stand as One

Irena Brorens, Lead Advocate – http://scr.im/irenabrorens

On behalf of your bargaining team – Glennis Birks (Wintec), Rod Fearn (WITT), Sarah Hardman (Unitec), Sharon Phillips (Whitireia), Eric Stone (NorthTec), Robyn Tucker (BoPP), Chan Dixon”  Co-Advocate (TEU Organiser)

Letter from employers

29 January 2010

Dear Irena

MECA NEGOTIATIONS

We exchanged letters on 15 and 17 December last year, and exchanged emails on 25 and 26 January this year. We undertook to write to you by Friday 29 January.

We have revised our offer

We attach (Appendix A) a revised offer to settle a new MECA between you and your members and the six ITPs. It contains further concessions. We ask that you present this offer to your members as soon as convenient.

We summarise the offer below. We also illustrate the impact of the offer by outlining some scenarios in Appendix B. We are happy to explain our offer further – one option, given you personally are based in Auckland, is to meet with Unitec officials.

Ensuring our institutions are healthy and growing

Our purpose throughout the negotiations has been to contribute to NZ’s economic wellbeing by ensuring our institutions respond to business demand by providing graduates with appropriate and world class qualifications.

In the current climate we are faced with a difficult situation and must make hard decisions now in order to prepare for the future. These challenges include the major funding reductions from 2011 and a new government tertiary education strategy.”  We are all already pursuing an array of initiatives including reviews of programmes, reviews of assets, and reviews of organisational structures and staffing. It is vital that we do all we can to ensure that our staff have the professional skills and experience necessary to face these challenges. A key opportunity is to achieve ‘win-win’ changes to collectively-bargained terms and conditions that allow ITPs to be more productive and at the same time to provide a pay increase for academic staff.

We have no agenda of seeking to move to individual employment agreements for all staff.

Our revised offer

Key points of our revised offer, detailed in Appendix A,”  are:

• Increase to base salary rates of 2% from date of signing, and a further 2% after 12 months from date of signature
• A 24 month term
• Total teaching days to increase to 200, but no increase to the Total Teaching Hours (where approved Professional Development leave exceeds 5 days then the total teaching days shall be reduced by the same amount of days)
• Employer discretion to require employees to use some of their discretionary leave:
  • Up to two weeks for NorthTec, WITT and BoPP; three weeks for Unitec, Wintec and Whitireia
  • The employer can direct employees to use some of their discretionary leave to include professional development necessary for the employee to maintain their academic currency
  • Part (a) changes to be phased in one week per year
  • The employer can require the buy-out”  of discretionary leave as per clause 6.3.5 (b) and pay 2% per week required to be used
• One off lump sum payment (in recognition of changes to discretionary leave and total teaching days) as soon as possible after the date of signing:
  • NorthTec, WITT and BoPP: $1,000 and the employer able to direct the use of up to two weeks of discretionary leave for certain prescribed purposes, and
  • Unitec, Wintec and Whitireia: $2,000 and the employer able to direct the use of up to three weeks of discretionary leave for certain prescribed purposes
• The employer to be able to direct employees employed after the date of signing of the new MECA to use up to 4 weeks of their discretionary leave for certain prescribed purposes.
• Other changes as described in previous correspondence

Summary

The MECA negotiations have been difficult and resource-intensive for both sides. We want to settle a MECA. The negotiations”  have been difficult because ITPs face difficult challenges that require a fresh approach. Our offer is for ‘win-win’ changes to collectively-bargained terms and conditions that allow ITPs to be more productive and at the same time to provide a pay increase for academic staff.”  Changes to discretionary leave and teaching days are central to this.

You have expressed a desire for stability in the sector. Stability is crucial so we can focus on implementing changes necessary to ensure the survival and growth of each ITP. We will only settle our current negotiations by actively negotiating, no matter how challenging that might be, and so we ask you to consider our offer, and to refrain from any destabilising industrial action and stay ‘at the table’.

Yours sincerely

Debbie White

On behalf of:

• NorthTec
• Unitec
• Bay of Plenty Polytechnic
• Wintec
• WITT

APPENDIX A: ITP OFFER TO TEU 29 JANUARY 2010 FOR SETTLEMENT OF A NEW MECA

1 1.1 Parties (agreed in principle)

Change “ASTE” and related wording to “TEU”

2 Amend clause 6.5.7 Leave for Approved Statutory Authorities (agreed in principle)

“The employer will grant leave on full pay to an employee who is required to attend as a member of, or in a formal capacity as an employee who has raised an employment relationship problem, personal grievance or dispute as per Part 12 and Schedule F of this agreement at any of the following statutory authorities with the proviso that, where leave is granted, any fees due to the employee from the authority will be paid to the institute or polytechnic:

(a) A polytechnic or institute of technology council

(b) The NZ Qualifications Authority

(c) Mediation or authority hearing under the prevailing law

(d) Hearings of an Employment Court or prevailing equivalent

(e) A university council”

3 Total Teaching Days

Increases to 200 without any adjustment to the Total Teaching Hours maxima. There is the expectation that additional teaching hours can be allocated within any institutional maxima agreed and equity is maintained.

4 Clause 6.3.8 Holiday Pay for Short Term Employees

Amend the percentages with effect from 1 February 2010 from 21% to 18% with consequential amendments of 11% to 10%, 14% to 12%, 16% to 14%, and 18% to 16% in the subsequent bullet points.

5 Part Time Hourly Rates

To be agreed and written into the schedules

“Divide the annual salary by 1872 (total available duty hours in a year) and then dividing that result by 1.08%.” NB for BoPP the divisor is 1955 recognising the 37.5 hour week operating there.

6 Discretionary Leave

6.3.5 Discretionary Leave

(a) Except as otherwise provided in Clause 6.3.5 employees will be entitled to four weeks discretionary leave each year to be used at the employee’s discretion, with the following exceptions:

(i)” ”  up to four”  weeks in each of the first two years for initial academic training

(ii)” ” ” ” ” ” ”  Where the employee is required to use discretionary leave for directed development in areas where performance inadequacies have been identified in accordance with the institute’s or polytechnic’s performance management procedures

(iii) Where the employee is required by the employer to use up to two or three weeks (ITP specific) of their discretionary leave for additional professional development to maintain their currency to ensure that they are able to meet the requirements of the position/role

(iv) 6.3.5 (a) (iii) will be introduced via a phased process as follows:

• Up to one week available from 1 February 2010
• Up to two weeks available from 1 February 2011 (at which time clause (ii) above becomes null and void for staff employed at WITT, BoPP and NorthTec at date of signing)
• Up to three weeks available from 1 February 2012 (at which time clause (ii) above becomes null and void for staff employed at Unitec, Wintec and Whitireia at date of signing)
• Four weeks available for employees employed after the signing of this agreement

(b) The employer may require, or the employee may request, to reduce the employee’s entitlement to discretionary leave under this clause subject to the following conditions:

(i) the reduction shall be in periods of not less than one week

(ii) the employee shall be liable to perform all duties relating to his/her position

(iii) the employee shall be paid 2% of the employee’s annual salary for each week of discretionary leave that is reduced pursuant to this provision

(iv) any such arrangement shall be recorded and signed by both parties as a formal variation to the application of the agreement

(v) the maximum an employee”  can be required by the employer to reduce their entitlement to discretionary leave as detailed in subclauses (i) to (iv) above is two weeks for WITT, BoPP and NorthTec, 3 weeks for Unitec, Wintec and Whitireia and 4 weeks for employees employed after the signing of this agreement.

(c) The employee will be advised of his or her right to seek advice from TEU prior to any negotiations and agreement being finalised.

Sub clauses c to g remain unchanged.

7 Wage adjustment and term

• Salaries to increase by 2% from date of signing of new MECA
• Salaries to increase by an additional 2% 12 months after the date of signing
• MECA to expire 24 months after date of signing of new MECA
• One-off lump sum:

NorthTec, BoPP, and WITT

• Lump sum”  of $1,000 gross (pro rated for employees working less than full time)”  in recognition of changes to discretionary leave (up to 2 weeks) and total teaching days provisions

Unitec, Wintec, and Whitireia

• Lump sum”  of $2,000 gross (pro rated for employees working less than full time)”  in recognition of changes to discretionary leave (up to 3 weeks) and total teaching days provisions
• APPENDIX B: SCENARIOS ILLUSTRATING SOME OF THE IMPACT OF THE ITP OFFER FOR SETTLEMENT OF A NEW MECA

Scenario One: No Change

Employee A has an annual salary $63,000pa plus 5 weeks annual leave and 4 weeks discretionary leave.” ”  Their manager does not need them to undertake additional PD or research, etc for 2010 or 2011. They maintain their 9 weeks holiday time and receive the following salary increases and lump sum payments:

Scenario Two: Impact of Proposed new Clause 6.3.5 (a)

Employee B has an annual salary $63,000pa plus 5 weeks annual leave and 4 weeks discretionary leave.” ”  They need to do NCALE and will need to use 1 weeks of their discretionary leave to complete it in 2010.”  They will have another qualification paid for by the institution to add to their CV and skills which will benefit them, their students and potentially another employer in the future.

They will have 8 weeks holiday time for 2010 and revert to 9 weeks for 2011 and will receive the following salary increases and lump sum payments:

Scenario Three: Impact of Proposed new Clause 6.3.5 (b)

Employee C has an annual salary $63,000pa plus 5 weeks annual leave and 4 weeks discretionary leave.” ”  They need to do 2 weeks fee-earning consultancy for the ITP with a local business and the institution buys out 2 weeks of their discretionary leave for 2011 only.

They will have 9 weeks holiday time in 2010 and 7 weeks in 2011 whilst they build their local networks, relationships and profile with the business community, and will receive the following salary increases and lump sum payments:

ITP MECA Bargaining.

Summary of the differences between the revised offer and the 8th December offer

prepared by Irena Brorens – TEU MECA Advocate

Approximate % increase over the period