Local Government Officers Employees New Zealand

Document Sample
Local Government Officers Employees New Zealand Powered By Docstoc
					     SALARIED OFFICERS
COLLECTIVE EMPLOYMENT
           AGREEMENT



TERM : 1 NOVEMBER 2006 to 31 OCTOBER 2007




                                            HRO 06026 Unions
                                                                       INDEX

 1.   NATURE OF THE AGREEMENT ....................................................................................................... 1
 2.   PARTIES AND COVERAGE ................................................................................................................... 1
 3.   OBJECTIVES ........................................................................................................................................................ 1
 4.   HOURS OF WORK .......................................................................................................................................... 3
 5.   SALARY AND REMUNERATION .................................................................................................... 4
 6.   OVERTIME ............................................................................................................................................................ 9
 7.   PUBLIC HOLIDAYS ................................................................................................................................... 11
 8.   ANNUAL HOLIDAYS ............................................................................................................................... 11
 9.   SICK LEAVE ..................................................................................................................................................... 13
10.   DOMESTIC OR COMPASSIONATE LEAVE ........................................................................ 14
11.   PARENTAL LEAVE .................................................................................................................................... 14
12.   BEREAVEMENT LEAVE ....................................................................................................................... 14
13.   EXAMINATION AND STUDY LEAVE ...................................................................................... 15
14.   JURY SERVICE LEAVE .......................................................................................................................... 16
15.   SHOPPING DAYS ......................................................................................................................................... 16
16.   LEAVE WITHOUT PAY .......................................................................................................................... 17
17.   OFFICERS PERFORMING HIGHER GRADE DUTIES ................................................. 17
18.   UNIFORMS AND CLOTHING ........................................................................................................... 17
19.   EXPENSES .......................................................................................................................................................... 17
20.   PAYMENT OF SALARIES..................................................................................................................... 18
21.   TERMINATION OF EMPLOYMENT ........................................................................................... 18
22.   LOCAL GOVERNMENT REORGANISATION .................................................................... 18
23.   GENERAL CONDITIONS ....................................................................................................................... 18
24.   UNION MEMBERSHIP ............................................................................................................................. 19
25.   RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEM ...................... 19
26.   UNDER RATE WORKERS .................................................................................................................... 20
27.   RIGHT OF ENTRY........................................................................................................................................ 20
28.   UNION MATTERS ........................................................................................................................................ 20
29.   REDUNDANCY .............................................................................................................................................. 22
30.   CONTINUITY ................................................................................................................................................... 22
31.   CONSULTATION .......................................................................................................................................... 23
32.   EMPLOYEE ASSISTANCE PROGRAMME ............................................................................ 23
33.   VARIATIONS.................................................................................................................................................... 24
34.   TERM OF AGREEMENT......................................................................................................................... 25



Appendices 1:              Officers who are party to this Agreement
Appendices 2:              Overtime / Time In Lieu Procedure
                     SALARIED OFFICERS
             COLLECTIVE EMPLOYMENT AGREEMENT

1      NATURE OF THE AGREEMENT
(a)              This is a collective employment agreement made pursuant to the Employment
                 Relations Act 2000. The parties to this agreement agree to the terms and
                 conditions outlined in this document.

(b)              The terms and conditions in this agreement are a minimum. Better terms and
                 conditions for employees may be provided for in any additional individual
                 employment agreement.

2.               PARTIES AND COVERAGE
2.1    Parties

                 Employer party to this Agreement:
                 Gisborne District Council

                 Union party to this Agreement:
                 Public Service Association (PSA)

                 Employee parties to this Agreement:
                 Members of the PSA employed by Gisborne District Council who come
                 within the following coverage clause.

2.2    Coverage

       (a)       District Council employees engaged as defined above, with the exception of
                 those listed in 2.2(b), will pursuant to Section 62 of the Employment Relations
                 Act 2000, be employed on the terms and conditions of this agreement for the
                 first 30 days of their employment.

       (b)       Employees engaged by Council in the following roles will not be parties to this
                 collective agreement:
                 - Business Unit employees
                 - Management positions, Department managers and 3rd tier, as currently
                     defined by contract status.
                 - Casual and temporary subsidised workers through WINZ (or it’s
                     successor)
                 - Vacation student employees.

                 The parties agree that where any employee is engaged within the areas
                 covered by this agreement by the employer and there is no classification/rate
                 provided in this agreement for that work, the parties shall negotiate and the
                 agreement shall be varied so as to incorporate an appropriate
                 classification/rate.

3.               OBJECTIVES
This employment agreement sets out all the express terms of the agreement. Terms which are
implied by law in the employment agreement will be recognised to the extent they are not
contrary to these express terms or contrary to the true intent and purpose of this agreement.
                                        Page 2

3.1   Definitions

      (a)    "Officer" shall mean any worker of either sex employed on a salaried basis by
             the Council.

      (b)    "Remuneration" shall mean the salary from time to time payable to any officer
             and includes overtime, bonus, service payments, allowances and every other
             emolument whether in one sum or several sums.

      (c)    "Authorised Representative" shall mean the Secretary of the Union or any
             person authorised in accordance with the rules or policy of the Union or by its
             local committee of management to act on its behalf, or staff representatives
             who have been duly accredited by the Union executive, and provided that such
             accredited representatives have been formally notified in writing to Council.

      (d)    "Act" shall mean the Employment Relations Act 2000.

      (e)    "Part-time Officer" shall mean an officer who shall be subject to the
             provisions of this Agreement but who is engaged to work for less than the 40
             hours. This designation shall not be used for the purposes of reducing hours of
             work or earnings of any officer.
      (f)    "Temporary Officer" shall mean an officer who shall be subject to the
             provisions of this Agreement but who have start and completion dates clearly
             stated and agreed to by both parties.

      (g)    "Casual Officer" shall mean an officer who is engaged for a period of less than
             two weeks on a continuous basis.

      (h)    "Substantially" shall mean any officer engaged at a particular job for more
             than fifty percent of the time during any one week.

      (i)    "Current Continuous Service" shall mean service uninterrupted by a period of
             absence of not more than three months or any approved period of absence.

      (j)    "Department Manager" shall mean the Chief Executive, Manager: Corporate
             Affairs, Manager: Engineering & Works and Manager: Environment &
             Planning.

      (k)    "Union" shall mean the PSA (Public Service Association).

      (l)    "Government Service" shall mean New Zealand core government and service
             departments. Other crown owned entities would be determined on a case-by-
             case basis with commercial entities and state owned enterprises excluded.

      (m)   "Rostered Staff" shall mean officers engaged on regular rostered duties for
             coverage beyond normal office hours, as part of their normal job function.

      (n)    “3rd tier management” shall mean the line of management directly below
             Department Managers within Councils structure and shall include some senior
             supervisory positions who are similar in Job Evaluation value to 3rd tier
             positions.

      (n)   “Under Rate Worker” shall mean any worker that satisfies a Labour Inspector
            that they are incapable of earning wages at the appropriate minimum rate
            prescribed.
                                          Page 3


4.    HOURS OF WORK

4.1   The ordinary hours of work shall not exceed 40 hours per week, 8 hours of which
      shall be worked on each of the five days of the week between the hours of 6.00 am to
      6.00 pm Monday to Friday inclusive. Such daily hours shall be worked consecutively
      except for an unpaid meal break not exceeding one hour. Usual hours of work are
      8.00 am to 5.00 pm unless varied by written agreement with the individual.

4.2   Any change to an officer's usual hours of work, within those hours specified in
      Clause 4.1 shall only be by agreement of the officer concerned and their Department
      Manager and Chief Executive. Unless mitigating circumstances exist, at least two
      weeks notice shall be given.

4.3   Staff currently employed shall not be required to vary their ordinary days of work or
      usual hours. Any variations shall be achieved by agreement between the employee (or
      their representative) and department manager. Within work groups, flexibility of
      starting time, finishing time and length of meal break shall be used wherever possible
      to accommodate the personal needs of the employee.

4.4   Subject to Clause 6.1(b), an officer shall not be required to work more than 8 hours on
      any day Monday to Friday inclusive without payment of overtime.

4.5   An officer shall not be required to work more than 5 hours continuously without an
      unpaid meal break.

4.6   A paid interval of ten minutes shall be allowed to the staff for morning and afternoon
      tea. The Council shall provide free of charge, tea, coffee, milk and sugar at tea breaks
      and meal times (provided that where officers do not have resource to cafeteria or
      lunch room facilities, the employer shall pay a reimbursement allowance of $0.47 per
      day in lieu of supplying ingredients).

4.7   Where an officer works beyond 6.00 pm as part of an ordinary 40 hour week and
      eight hour day on a regular scheduled basis, a late duty allowance of $7.30 per day
      shall be paid.

4.8   Pests Officers - Night Shooting: The ordinary hours of work for night shooting
      operations shall consist of six hours to be worked consecutively, inclusive of a
      refreshment interval of not less than 15 minutes, between the hours of 6.00 pm and
      6.00 am, payment for which shall be made on the basis of eight hours at ordinary rates
      of pay, and shall be considered as eight hours worked in that day.

      (a)    Where special circumstances may warrant, the hours of work of staff may be
             extended or varied by mutual agreement between the Chief Executive and the
             PSA Staff Delegates Committee. Any agreement made pursuant to this sub-
             clause shall be committed in writing and signed by both the Chief Executive
             and the authorised representative of the Union.

      (b)    The intentions of this clause are to provide greater flexibility and utilisation of
             current staff resources and also actual productivity for particularly field staff
             and other staff required to work, for example, remote from their base due to
             travel distances, seasonal and work programme demands.

      (c)    Overtime payment shall apply only for those hours worked in excess of the
             ordinary 40 hours per week.
                                            Page 4



4.9    Where agreement in either Clause 4.2 or 4.8 above is not able to be reached the Chief
       Executive, in accordance with his requirement to manage efficiently, is then entitled
       to employ staff to work those hours outside of the officers concerned usual working
       hours.

4.10   The ultimate requirement is that customer needs are met. Providing this is achieved
       work groups and their controlling officer are able to determine, within their areas,
       appropriate hours of work. Individual circumstances may then be accommodated
       within this arrangement.



5.     SALARY AND REMUNERATION
5.1.1 Five Level Salary Scale:

       (a) Grade I -
              Shall comprise eight steps each of only one level, up to a maximum value of
              $26,382

       (b) Grade II -
              Shall comprise of a succession of steps each of four levels. Levels 1 to 4
              inclusive are general steps. Level 4 to 5 is a range wherein an officer may be
              promoted through merit and/or additional experience relevant to the officer's
              post requirements. Such placement is specific to the officer.

5.1.2 Grade I Rates and Conditions of Pay

       (a) All Grade I officers shall be paid in accordance with the following scale:

              GRADE I                Step            Dollars
                                     01              14,297
                                     02              17,261         i)
                                     03              17,837         ii)
                                     04              19,844         iii)
                                     05              21,785
                                     06              23,553         iv)
                                     07              24,969
                                     08              26,382




          Notations:

              i)   Entrant with entry to Form VI or Trades Certification Grade I
                   Examination commences at this salary.

              ii) Entrant with University Entrance Examination, Sixth Form Certificate or
                  Trades Certification Board Grade II Examination commences at this
                  salary.

              iii) Entrant with University Entrance, Scholarship Pass, Higher School
                   Certificate, or A or B Bursary commences on this salary.
                            Page 5


iv) Minimum step for officers 20 years of age or over, or entrance with
    NZLA Certificate.
v) All increments shall be considered as annual increments and shall be paid
    according to completed years of service subject to the limits otherwise
    prescribed, provided that upon progression to Grade II, this progression
    shall cease and increments shall then become subject to annual review.

vi) The Department Manager shall review salaries annually for all officers
    having completed twelve months service on the maximum step of Grade I
    but any increment granted shall be at the discretion of the Chief Executive
    and the result of such review shall be made known to each employee.

vii) Any officer on a step between 1 and 6 of Grade I obtaining qualifications
     for University Entrance examination or Trades Certification Board
     equivalent examinations shall receive a salary increase of one level
     without prejudice to the next annual salary increase to which he/she is
     entitled and such increase shall be payable on the next pay period
     following the last day on which the employee sits the examination and at
     which qualification is obtained, provided that it shall be the responsibility
     of the officer to produce evidence of such qualification to Council.
                                          Page 6

5.1.3 Grade II Rates and Conditions of Pay

      (a) All Grade II officers shall be paid in accordance with the following scale:
                         LEVEL 1    LEVEL 2    LEVEL 3    LEVEL 4          LEVEL 5
         Step     JE
                           96%        98%        100%       102%    102.01 % to    115%
           1     70       26383      26932      27482      28031     28034       31604
           2     80       28090      28675      29260      29845     29848       33649
           3     90       29783      30358      30977      31597     31600       35624
           4     100      31387      32041      32695      33349     33352       37599
           5     110      33059      33747      34436      35125     35128       39601
           6     120      34564      35284      36004      36724     36728       41405
           7     130      36422      37181      37940      38699     38703       43631
           8     140      37525      38306      39088      39870     39874       44951
           9     150      38627      39432      40236      41041     41045       46272
          10     160      39927      40759      41591      42423     42427       47830
          11     170      41237      42097      42956      43815     43819       49399
          12     180      42560      43447      44333      45220     45224       50983
          13     190      43680      44590      45500      46410     46414       52325
          14     200      45110      46050      46990      47930     47934       54038
          15     210      46513      47482      48451      49420     49425       55719
          16     220      47474      48463      49452      50441     50446       56869
          17     230      48553      49565      50576      51588     51593       58162
          18     240      49806      50843      51881      52919     52924       59663
          19     250      50775      51833      52891      53949     53954       60825
          20     260      51997      53080      54163      55247     55252       62288
          21     270      52970      54073      55177      56280     56286       63453
          22     280      53943      55067      56190      57314     57320       64619
          23     290      54917      56061      57205      58349     58355       65786
          24     300      55891      57055      58220      59384     59390       66952
          25     310      57368      58563      59758      60953     60959       68722
          26     320      58347      59563      60778      61994     62000       69895
          27     330      59329      60565      61801      63038     63044       71072
          28     340      60312      61568      62825      64081     64088       72248
          29     350      61292      62569      63846      65123     65129       73423
          30     360      62519      63821      65124      66426     66433       74892
          31     370      63503      64826      66149      67427     67479       76071
          32     380      64490      65833      67177      68520     68527       77253
          33     390      65475      66839      68203      69567     69574       78434
          34     400      66462      67846      69231      70615     70622       79615
          35     410      67448      68853      70258      71664     71671       80797
          36     420      68432      69858      71284      72709     72717       81976
          37     430      69419      70865      72311      73758     73765       83158
          38     440      70404      71871      73338      74805     74812       84339
          39     450      71391      72878      74366      75853     75860       85520
          40     460      72376      73884      75392      76900     76907       86701
          41     470      73360      74888      76416      77945     77952       87879
          42     480      74346      75895      77444      78993     79001       89061
          43     490      75334      76903      78473      80042     80050       90244
          44     500      76318      77908      79498      81088     81096       91423
          45     510      77304      78914      80525      82135     82143       92603
          46     520      78289      79920      81551      83182     83190       93784
          47     530      79276      80927      82579      84230     84239       94966
          48     540      80261      81933      83605      85277     85286       96146
          49     550      81247      82939      84632      86325     86333       97327
          50     560      82233      83946      85660      87373     87381       98508
                                          Page 7


5.1.4 (b) An officer may be promoted to Grade II on a recommendation from the
          Department Manager and if, in the opinion of the Chief Executive, some
          advancement beyond the specified steps of the scale in sub-clause (a) is justified
          on the basis of merit, proficiency, responsibility and the nature of the duties
          performed or appointment to a classified or established position. In the event of
          the Chief Executive granting promotion or an additional increment such
          promotion or increment shall be made to one of the rates in the following scale
          subject to the provisions of sub-clauses 5.3 and 5.4 of this clause.

5.1.5 (b) On the appointment to Grade II the officer shall progress in accordance with
          Clause 5.4, the first annual review taking place after 12 months on that step and
          level. The results of such review shall be made known to the officer within 28
          days of the review taking place. It must be recognised that Grade II comprises
          levels 1 to 4 inclusive which are general steps. Progression of an officer to a
          salary value within the range level 4 to 5 can only be gained through merit and/or
          additional experience relevant to the officer's post requirements and is specific to
          the officer.

5.2    Re-evaluations

       5.2.1   Any officer who:
               Subject to the job evaluation Terms of Reference considers that their job has
               changed significantly since that previously evaluated; may inform the
               Administrative Services Team Leader that they wish to have their post re-
               evaluated.

               Such re-evaluations shall be determined and notified within two months of
               notification from the employee concerned.

5.3    Job Evaluation

       5.3.1   All job evaluation matters shall be carried out in accordance with the Terms of
               Reference agreed between the Council and the Staff Delegates Committee.
               Any variations must be agreed to by both parties prior to their implementation.



5.4    Appointment / Progression

       5.4.1   Appointment to the salary scale shall be at the employer's discretion, taking
               into account appropriate educational qualifications, experience and personal
               attributes, provided that an applicant who meets the full requirements of the
               Job Description shall be appointed at Level 3. Provided that an applicant will
               only be placed into the appropriate job group when, in the opinion of the Chief
               Executive, he/she merits the minimum requirements of the position as
               determined by job evaluation.

       5.4.2   Progression for all employees shall be by annual adjustment to one of the steps
               specified but shall be discretionary on satisfactory performance as determined
               by the annual review carried out in accordance with the provisions of
               clause 5.5 of this contract. Levels 1 to 4 inclusive are general steps only
               within Grade II. Progression past level 4 can only be gained through merit
               and/or additional experience and placement within that range shall be
               determined by the Chief Executive.
       5.4.3   All annual progressions shall be subject to the annual review procedures as set
               out in 5.5.
                                          Page 8


      5.4.4   Officers on career paths shall only progress up the scale on Level 1 until they
              reach the Grade and Step appropriate for that qualified officer's post.

      5.4.5   Career path progression can only be provided to the levels within Grade II
              where there is already an established and vacant post within Council's staff
              structure for that particular officer's career discipline.

      5.4.6   Officers on career paths cannot progress laterally through the four levels until
              they are qualified or have reached the limit of their position and training.

      5.4.7   (a)    Merit increases shall be awarded on an annual basis and, in order to be
                     retained by the officer, shall require continued meritous performance.

              (b)    Should this performance not be maintained throughout the year
                     following award then, and in accordance with the officer's annual report
                     advising same, the officer shall revert to the previous salary step, to be
                     effective from 1 July of that reporting year or anniversary of award.

5.5   Annual Review

      5.5.1   Annual review of the performance of each officer shall be completed by 1 July
              in each year and in accordance with the agreed format.

      5.5.2   Annual review shall be determined and each officer notified on or before
              1 August of the review year.

      5.5.3   Any increases awarded as a result of this review will be applied from 1 July in
              the same year and within that July to June year.

      5.5.4   The appeal provisions relating to the failure of an officer to obtain an increase
              shall be as follows:
              (a)     The officer must first discuss the matter with the Head of Department
                      and to be advised of the basis for failing to obtain the increase or merit
                      increment;
              (b)     If the matter remains unresolved the officer may lodge within 14 days of
                      notification a personal application for review with the Chief Executive;
              (c)     An application for review shall be considered and determined by the
                      Chief Executive, where practicable within 21 days of receipt and shall
                      involve a discussion with the officer and the officer shall be advised
                      accordingly.
              (d)     Where the officer is not satisfied, following determination by the Chief
                      Executive, of their annual review, they can refer their concerns directly
                      to the Administrative Services Team Leader who, on the officer’s
                      behalf, would initiate procedures for such a review which could
                      include mediation with the officer, staff delegate, Department Manager
                      and Chief Executive, as appropriate.

      5.5.5   At the discretion of the Chief Executive the Council may operate an
              alternative annual performance assessment system for designated employees.

      5.5.6   Where an employee agrees to be employed pursuant to the alternative annual
              performance system the annual review of the performance format as referred
              to in clause 5.5.1 and schedule 2 shall not apply to the employee concerned.

5.6   Allowances

      (a)     First Aid
              Any officer holding a recognised current First Aid Certificate who is designated
              by Council as a First Aid Attendant shall be paid an allowance of $7.49 per week.
                                          Page 9


      (b)   Qualifications

            i)      Any payment in recognition of a qualification is incorporated into the
                    respective position designation or classification for which the
                    qualification is a requirement, provided that an allowance shall be paid
                    for those certificates listed in iii) hereof.

            ii)    Subject to the establishment control, appointment of an officer shall be
                   to a designation and/or classification which adequately recognises the
                   qualification and/or experience relative to the duties, responsibilities
                   and authority of the position.
            iii)   An annual minimum allowance shall be paid weekly to officers who, in
                   addition to the minimum qualifications required for the current
                   position, obtain or hold an additional qualification which, in the
                   opinion of the Department Manager and subject to the Chief
                   Executive's confirmation, is appropriate and necessary to the
                   performance of that officer's duties.
            Qualifications currently applicable:
            ~      Diploma in Air Pollution Control                           $462.45
            ~      Diploma in Noise Control                                   $330.32
            ~      Civil Engineering:             Works Supervisors           $330.32
                                                  Practice Certificate        $462.45
                                                  Senior Certificate A, B     $462.45
                                                  Advanced Certificate        $988.51
            ~      Water and Wastewater Treatment Certificate A               $659.41
            ~      Water and Wastewater Treatment Certificate B               $462.45
            ~      National Certificate in Pest & Animal Control              $462.45
            Tertiary Qualifications, Diplomas and Post Graduate
                    Degree qualifications appropriate to Council's functions        $753.62

            The Chief Executive may, after prior consultation with the Union, add to or
            delete qualifications from this schedule as appropriate.

      (c)   Gun Allowance
            Any Pest Officers who arrange to provide their own firearms shall be paid an
            allowance of $11.32 per week.

      (d)   Camping Allowance
            Any Pest Officer or other field officer who is required by Council to work at a
            place requiring the officer to camp and sleep away from home shall be paid an
            allowance of $55.41 per day. The officer shall be responsible for arranging
            and paying for their own accommodation and food.

      (e)   Meal Allowance
            Any officer called upon to work later than 6.00 pm on any day of the week
            shall be paid a meal allowance of $8.66


6.    OVERTIME
6.1   (a)   Subject to Clause 6.1 (b), the provision of this clause shall not apply to officers in
            receipt of a salary from Step 17 and above, provided that such officers who are
            required to work on any of the statutory holidays prescribed in this contract shall
            be allowed a day off on ordinary pay in lieu thereof, at a mutually agreed date.
                                         Page 10


      (b)    Officers in receipt of a salary from Step 17 and above shall be paid at the
             ordinary hourly rate (T1) for all time worked in excess of 8 hours per day or
             40 hours per week while working on special projects or at the direction of the
             Department Manager.

      (c)    Except as otherwise specified, any time worked in excess of 8 hours per day
             shall be considered overtime and shall be paid for at the rate of time and a
             half.

      (d)    Subject to 6.1(b) where officers are required to work on a Saturday the first
             three hours worked before noon shall be paid at time and one half and
             thereafter at double time rates, and in respect of all time worked on a Saturday
             afternoon and/or Sunday, payment shall be at double time.

      (e)    Any time worked between 10.00 pm and 6.00 am on any day shall be paid for
             at double time rates.

      (f)    Where an Environmental Health Officer, or any other officer approved by the
             Chief Executive, for the purposes of monitoring factories or plant is required
             to carry out pre-arranged work during the period 10.00 pm to 6.00 am a total
             of two hours overtime of T2 shall be paid irrespective of the number of times
             during that eight hour period that officer attends the site. However if more
             than two hours are worked during any such eight hour period then actual time
             worked shall be paid for at T2 rates.

6.2   No overtime for which overtime rates are payable shall be worked by any officer
      without the approval of the head of the department concerned.

6.3   Overtime shall be paid weekly and overtime pay shall be included with the payment
      for that period. All overtime shall be calculated on a daily basis.

6.4   Time off in lieu of payment will operate in tandem with overtime. This will be
      calculated on a T1 to each hour worked basis. Process is outlined in Appendices B

6.5   Emergency Work

      Any officer called out by a supervising officer for work not pre-arranged after the usual
      terminating time or before the usual commencing of work time shall be paid at the
      appropriate overtime rates provided that a minimum of two hours shall be paid for on
      each occasion and provided further that a two hours minimum shall be paid for a second
      call-out excepting where work on the second call-out is completed within the period of
      the first two hours minimum. This applies to all officers irrespective of grading.

6.6   (a)    No officer shall be required to commence work on any day unless he/she has
             had a break of a minimum of nine consecutive hours following the completion
             of work for Council. T1 rates shall apply from the commencement of work
             after the completion of the minimum nine hour break.

      (b)    Notwithstanding the provisions of paragraph 6.6(a) of this sub-clause, where
             an officer is so required to work after a break of less than nine consecutive
             hours, he/she shall be paid at time and one half rates until he/she has had the
             aforesaid nine hour break.

      (c)    The provisions of this clause do not apply to employees designated as Animal
             Control Officers.
                                        Page 11


7.    PUBLIC HOLIDAYS
7.1   The under-mentioned shall be paid holidays and shall be allowed in addition to the
      annual holiday referred to in Clause 8 of this Agreement - New Year's Day, the day
      following New Year's Day or a day in lieu thereof, Waitangi Day, Good Friday, Easter
      Monday, Anzac Day, the official birthday of the reigning sovereign, Labour Day,
      Christmas Day, Boxing Day and Anniversary Day.

7.2   When any holiday in sub-clause (a) of this clause, other than Waitangi Day or Anzac
      Day, falls on a Saturday or Sunday, the following Monday or Tuesday shall be
      observed.

7.3   Where the Employee works on any part of a public holiday the employee is entitled to
      receive the equivalent of double time rates for the number of hours actually worked
      with the exception that officers in receipt of a salary from Step 17 and above shall be
      paid the equivalent of time and a half for actual hours worked.

7.4   If the Employee works on a public holiday; and that day would otherwise be a
      working day for that Employee, then the Employee is entitled to be paid in accordance
      with the above calculation for any hours worked on that public holiday, plus an
      alternative holiday at the Employee's relevant daily pay.

7.5   If the Employee works on a public holiday; and that day would not otherwise be a
      working day for that Employee, then the Employee is entitled to be paid in accordance
      with the above calculation for any hours worked on that public holiday, but the
      Employee shall not be entitled to an alternative holiday.

7.6   If the Employee does not work on a public holiday, and that day would otherwise be a
      working day for that Employee, then the Employee is entitled to payment for that day
      at the Employee's relevant daily pay.

7.7   If the Employee does not work on a public holiday, and that day would not otherwise
      be a working day for that Employee, then the Employee is not entitled to any payment
      for that day and is not entitled to an alternative holiday.

7.8   Where the employee is required, or has agreed to work on a public holiday, but is
      unable to because the employee, his spouse or dependant is sick or injured, or the
      employee suffers a bereavement, the public holiday is treated as a public holiday and
      the employee is entitled to be paid his relevant daily rate, and not in accordance with
      the above calculation, and the employee does not become entitled to an alternative day
      in lieu.

7.9   Rostered Staff: Where a statutory holiday except Anzac Day and Waitangi Day falls
      on a full time employee's rostered day off, the employee will receive 8 hours ordinary
      pay (T1) in recognition of the statutory holiday. The employee agrees to work on any
      aforementioned public holiday where the employee is rostered to do so by the
      employer.



8.    ANNUAL HOLIDAYS
8.1   Employees are entitled to 3 weeks paid annual holidays per annum calculated in
      accordance with the provisions of the Holidays Act 2003 on completion of one year’s
      service with the Employer. In accordance with the Act that entitlement will increase
      to 4 weeks on entitlement from 1st April 2007.
                                          Page 12



8.2   (a)    Upon completion of five years' current continuous local authority service,
             government service in New Zealand or other relevant service as recognised by
             the employer, each officer shall for the fifth and subsequent years, be entitled
             to an annual holiday of five weeks instead of four weeks as provided in sub-
             clause 8.1 hereof on the next anniversary date of commencement with
             Gisborne District Council.

             The entitlement to this clause takes effect from 1 April 2007. Recognition will
             be given to full entitlement of their fifth week of holidays to any officer on the
             fifth year anniversary and subsequent anniversary dates of service after this
             date. No recognition will be given to entitlement prior to this date.

      (b)    Where an officer has an entitlement to the additional week of annual leave the
             additional week can be taken as a cash payment at the request of the officer
             concerned. Where a cash payment has been made under this clause the officer
             may not take anticipated annual leave or leave without pay during the year of
             entitlement, subject to exceptional circumstances as determined by the
             employer. This clause shall only apply within the twelve month period of the
             entitlement falling due.

8.3   Where a holiday is taken in more than one period the amount payable under this clause
      shall be divided proportionately. Where a holiday is allowed wholly or partly in
      advance of the date fixed by the employer as provided in sub-clause 8.1 of this clause, it
      shall be sufficient compliance with this clause for payment to be assessed on the
      percentage formula prescribed in sub-clause 8.5 of this clause subject to final
      adjustment and payment of any remainder after that date; provided that in no case shall
      the holiday pay be less than the officer's ordinary pay at the time of taking the holiday.

8.4   Where the employment of any officer is terminated at the end of a period of employ-
      ment which is not less than three weeks but less than one year, the Council shall pay
      forthwith to the officer in addition of all other amounts due to him/her an amount
      equal to six percent of his/her gross taxable earnings for that period of employment.

8.5   Where the period of employment is less than three weeks, the amount to be paid as
      proportionate holiday pay shall be as prescribed by the Holidays Act and its amendments.
8.6   Council "leave year" shall be defined as commencing from the anniversary of start of
      employment for each employee to the next years anniversary.

8.7   Staff may not carry forward more than one year's leave entitlement of annual leave
      without prior approval by the Chief Executive.
                                         Page 13




9.    SICK LEAVE
9.1   (a)    After ten weeks current continuous service with the same employer an
             employee shall, subject to sub-clause 9.6 hereof, be entitled to two days sick
             leave on pay for ordinary hours of work with an additional two days at such
             ordinary rates of each further period of ten weeks' current continuous service.
      (b)    A medical certificate shall be furnished where the absence extends beyond
             three consecutive calander days. At the discretion of the employer, an
             employee may be required to produce a medical certificate for absences of less
             than three working days. Where a medical certificate is required, the
             employer shall give notice of this requirement not later than the time the
             employee reports sick.
      (c)    Employees shall ensure that notice is given to the employer, where
             practicable, on the morning of the first day of absence due to illness.

9.2   (a)    The Council may, in cases in which it is considered special, vary and extend
             the period of pay during sick leave as stated in sub-clause 9.1 of this clause,
             particularly when in its opinion the illness resulted from causes that are due to
             conditions under which an officer has been working.
      (b)    These provisions rely on the mutual trust between the employer, employees and
             fellow employees and confirmation that they are ill. Staff should be able to
             recover from any incapacity without fear of immediate termination of employment.

9.3   Where sickness occurs while a worker is on annual leave the foregoing provisions of
      this clause shall apply provided that the employee shall be required to produce a
      medical certificate to Council as evidence of entitlement. Any annual leave not taken
      due to sickness shall be credited to the officer's annual leave entitlement.

9.4   Time off caused by injuries in the course of duty is not to be included in computing
      sick leave under this clause.

9.5   Unused sick leave entitlement may be carried forward into future years. The amount
      of accumulated leave is unlimited.

9.5   Accident Compensation

      (a)    Any officer involved in an accident at work and where such accident
             necessitates absence from duty due to injury, at the discretion of the employer
             the officer concerned may for the second and subsequent weeks elect to offset
             any sick leave entitlement he or she may have in hand to make up the officer's
             salary to 100 percent normal pay, provided that the officer's sick leave
             entitlement shall be reduced at the rate of one fifth of a day's sick leave per pay.

      (b)    Where any officer is involved in an accident either at work or away from work
             and where such accident necessitates the absence from duty due to injury, the
             officer concerned may for the second and subsequent weeks elect to offset any
             sick leave entitlement he/she may have in hand, in order to make up the officer's
             salary to 100 percent of normal pay, provided that the officer's sick leave
             entitlement shall be reduced at a rate of one fifth of a day's sick leave per day.
                                          Page 14


10.    DOMESTIC OR COMPASSIONATE LEAVE
10.1   On production of a medical certificate, where requested by the Chief Executive, leave
       on full pay of up to five working days in any one leave year may be granted to an
       officer who finds it essential to remain at home in an emergency or in the event of
       his/her partner's illness or confinement. Such leave to be treated as though it were due
       to the officer's own sickness and be subject to the provisions in Clause 9 and be
       deducted from the officer's sick leave entitlement.

10.2   This leave is not in addition to any sick leave entitlement pursuant to the provisions of
       the Holidays Act 2003.


11.    PARENTAL LEAVE
Officers are entitled to take unpaid parental leave to share in the care of a child born to or
adopted by that officer or the officer's spouse. Such leave is to be taken in accordance with
the provisions of the Parental Leave and Employment Protection Act 1987. For the purposes
of annual leave and sick pay, employment shall be deemed to have been continuous.


12.    BEREAVEMENT LEAVE
12.1   On the death of a direct relative [i.e. father or mother, husband or wife (or partner),
       brother or sister (including partner’s brother or sister), son or daughter (including
       step-child), grandparent, grandchild, parent-in-law], bereavement leave of three (3)
       working days on full pay shall be granted.

       On any other occasion where the employer accepts that, by reason of the death of any
       person, the employee has suffered a bereavement, after taking into account:
       - the closeness of the relationship or association between the employee and the
           deceased
       - whether the employee may have any responsibility for arrangements for the
           ceremony
       - any cultural responsibilities the employee has in relation to the death
       they shall be granted bereavement leave of one working day on full pay.

       In any other circumstances a direct approach to the Human Resources Unit can be
       made.

12.2   Where the place of the funeral is outside the Gisborne District and travel is involved,
       one additional day may be granted.
                                         Page 15
13.    EXAMINATION AND STUDY LEAVE
13.1   (a)    The Head of Department may grant assistance as provided for in sub-clauses
              13.2 and 13.3 for an officer to undertake study in the following:
                     Diploma in                    Accounting
                                                   Business Studies
                                                   Information and Library Studies
                                                   Public Health Studies
                     National Cert. in             Business Studies
                     National Diploma in           Business Studies
                                                   Environmental Health
                                                   Horticulture
                     NZ Certificate of             Building Inspection
                                                   Draughting
                                                   Engineering
                                                   Local Govt Administration
                                                   Science
                                                   Town Planning
                     Hydatids Control Officer      A, B or C Certificate
                     Technicians Certificate in    Engineering
                                                   Science
                     Tertiary qualifications =     Degrees, Diplomas and Post-graduate
                                                   Degree qualifications appropriate to
                                                   Council's functions.

       (b)    Assistance may be approved for an employee to undertake other courses of
              study which in the opinion of the Head of Department is relevant and
              appropriate to the functions of the position or the Department.

       (c)    In determining a recommendation for Examination and Study Assistance, the
              Head of Department shall consider :
              (i)     relevance and appropriateness of the study to the organisation;
              (ii)    operational impact of absences relating to the study proposal
              (iii)   any financial costs have been planned and allocated for within the
                      appropriate budget
              (iv)    fit to the personal development plan of the officer
              (v)     equity and fairness across the Department and the organisation

       (d)    The course of study proposed by the officer and recommended by the Head of
              Department must be first confirmed by the Chief Executive.

13.2   Any officer sitting an examination relative to a course of study approved by the Head
       of Department may be granted leave with full pay for the examination and for the half
       working day immediately preceding, plus travelling time if within working hours,
       with the proviso to extend this if in the opinion of the Head of Department there is
       reasonable cause to do so.

13.3   The Head of Department may grant leave to employees to attend lectures, laboratories
       etc as prescribed by the relevant syllabus of all approved courses of study of sub-
       clause 11.1. Leave under this provision for the initial qualification or degree shall
       only be granted where in the opinion of the Head of Department the study undertaken
       will be of value to Council in the position which the employee occupies or in higher
       position in the service to which the employee may attain.
       (a)     Up to a maximum of five hours per week, without requiring the employee to
               make up lost time, for the purpose of taking lectures.
       (b)    Appropriate time off to attend prescribed laboratory or workshop work.
                                           Page 16


       (c)    Time off may be granted only once for any particular subject where lectures
              cannot be taken in the officer's own time.
       (d)    Time off taken for any particular subject to an officer must relate to the
              examination and be sat in the same study year.
       (e)    Further and/or additional time off, with pay, for lectures or study will not be
              granted for subjects or courses where previous approved time off has not
              resulted in a successful result.
       (f)    Except that in special circumstances and with the prior approval of the Chief
              Executive, time off provisions for (c) and (e) may be extended.

13.4   For courses of study approved (sub-clause 13.1) by the Head of Department, Council
       shall on satisfactory completion of subject examination:
       (a)    Pay tuition and examination fees (receipts required);
       (b)    Pay 50% of costs of prescribed text books (receipts required);
       (c)    Pay 50% of actual and reasonable accommodation and public transport
              charges associated with a laboratory or block course which is required in an
              approved course of study;
       (d)    Require the officer to maintain satisfactory progress and achieve successful
              results for continuance of approval;
       (e)    Require the officer to enter into a bond with the Council which states that -
              * The value of the bond is the cost to the Council of the course;
              * The period of the bond is a maximum of two (2) years and at the end of the
                  period the employee is released from the bond;
              *   The bond is not called upon to be paid for the time the employee is in the
                  employ of the Council.

13.5   Council shall reimburse 50% of the actual and reasonable accommodation and public
       transport charges of an officer required to attend a professional interview(s) relating to
       qualification or membership of a recognised professional body or as statutory
       requirement relative to Council requirements.

13.6   Where Council requires a person to complete a course of study, 100% of all actual
       and reasonable expenses will be paid [refer clauses 13.4(a), (b), (c) and 13.5].


14.    JURY SERVICE LEAVE
Where an employee is obliged to undertake jury service the difference between the fees,
excluding reimbursing allowances paid by the Court and the employee's ordinary daily rate of
pay (up to eight hours), shall be made up by the Employer provided:
14.1   That the employee shall forward the payment advice received from the Justice
       Department to Payroll immediately upon receipt of such payment; the cheque to be
       banked into the employee’s personal bank account, the payroll deduction to be made
       from the employee’s balance account or nominated deduction account; and
14.2   The employee returns to work immediately on any day he/she is not actually serving
       on a jury.

15.    SHOPPING DAYS
Salaried employees at the Te Puia Springs Service Centre shall be entitled to take one day per
month on full pay for the purpose of travelling out of the Service Centre area for shopping or
business reasons, except for the months of December and January.
                                          Page 17
16.    LEAVE WITHOUT PAY
The Chief Executive, at his absolute discretion, may approve a period of leave without pay.

17.    OFFICERS PERFORMING HIGHER GRADE DUTIES
17.1   Any officer who is specifically directed and who substantially performs the duties of a
       higher grade officer shall, if he/she occupies the higher grade position for more than
       four weeks continuously, be paid from the date upon which he/she commenced the
       higher grade duty and while engaged in performing such higher grade duty, at the
       minimum rate normally paid for the higher grade position, provided that no officer
       undertaking such higher grade duties shall receive less than one salary scale level
       above his/her normal rate of pay.
       Specific delegations and functions to be performed shall be recorded.

17.2   Where any officer is engaged on higher grade work for a period exceeding four weeks
       continuously and where sickness may occur, or where annual leave becomes due, or a
       public holiday occurs, whilst engaged in performance of the higher grade duties, such
       employee shall be paid at the higher grade rate of pay.

17.3   Where an officer is not satisfied with a decision regarding the payment for carrying
       out higher duties, they can refer their concerns directly to the department Manager
       and/or Chief Executive, as appropriate.

18.    UNIFORMS AND CLOTHING
18.1   Every worker who is required by Council to wear a uniform or a smock when on duty
       shall be provided with same at the expense of Council.

18.2   Where the duties required are likely to result in damaged or soiled clothing, any
       worker who requests to be provided with suitable smocks shall be supplied with two
       such smocks at the expense of Council; any worker so provided shall be responsible
       for laundering.

18.3   Workers required to work in all weathers shall be supplied with suitable waterproof
       clothing including gumboots.

18.4   Workers who are employed in areas where the nature of the work or the conditions
       are such as to require safety clothing, safety footwear or other safety gear shall be
       provided by Council, provided that in the event of any disagreement as to the
       requirement the matter shall be referred to the Labour Department and Disputes
       Committee.


19.    EXPENSES
19.1   All out-of-pocket expenses reasonably incurred by an officer in the execution of
       his/her duties shall be reimbursed by the Council. All claims for such expenses shall
       be rendered fortnightly or as agreed and such claims shall give particulars of
       travelling done and the expenses incurred in the discharge of the officer's duties.
       Receipts of expenses incurred will be supplied with any claim and any such receipts
       should have GST number of supplier, for tax refund purposes. The Council may, in
       connection with any particular claim, require that such claim shall be supported by
       statutory declaration.
19.2   Where an officer agrees to use his/her own vehicle on Council business he/she shall
       be paid for the distance involved at Council's current scale of rates. No change in the
       system for determining such rates shall take place without the agreement of the
       Union.
                                         Page 18


20.    PAYMENT OF SALARIES
Salaries are to be paid weekly and may be direct credited to a bank or other recognised
agency account nominated by the employee or alternatively paid in terms of the Wages
Protection Act 1983, including by cash. The amount of weekly payment shall be the annual
salary divided by 52.


21.    TERMINATION OF EMPLOYMENT
21.1   Except in the case of temporary or casual officers, one month's notice of termination
       of employment shall be given in writing by either party, or one month’s salary shall
       be paid or forfeited, as the case may be, in lieu of such notice. The employer and the
       employee may agree to amend or waive the period of notice. If the parties cannot
       reach agreement then the notice period prescribed herein or any earlier agreement
       provided by this sub-clause shall apply.

21.2   Nothing in Clause 21.1 shall prevent the employer from summarily terminating the
       employment in the case of serious misconduct.

21.3   Clause 21.1 shall not supersede any existing contract of service which provides for a
       greater period of notice and, by mutual agreement, future individual agreements may
       be made which provide for greater or lesser periods of notice.


22.    LOCAL GOVERNMENT REORGANISATION
Where any further scheme of the Local Government Commission is promulgated and which
affects the employment of officers covered by this Agreement, Council shall hold discussions
with the Union within 28 days of the promulgation or within 60 days prior to gazetting of the
final scheme.


23.    GENERAL CONDITIONS
23.1   Advertisements - Appointments

       (a)    All other things being equal, it is desirable that in making appointments to the
              staff positions, preference shall be given to officers already on the staff.

       (b)    Staff vacancies shall be advertised throughout all appropriate Council
              buildings, sites and depots in order to afford all staff who may be interested
              the opportunity to apply and may, if considered necessary, be advertised
              publicly provided that an interview shall be granted as of right to any internal
              applicant, provided that the applicant is qualified in accordance with the
              requirements for the position.

23.2   Probation Period

       The initial appointment of officers to the permanent staff of the Council shall be
       confirmed after a satisfactory period of three months' probation. During this period
       the officer shall be given reports on their progress and any areas of concern shall be
       discussed as they occur.
23.3   Schedule of Duties - Review

       Where the specified duties and responsibilities of any officer as detailed in their
       Schedule of Duties are increased or reduced, the position shall be re-evaluated.
                                           Page 19

23.4   Vacant Positions

       Any position which remains vacant for 12 months shall be automatically re-evaluated
       prior to an appointment being made.

23.5   Transfers

       Where appropriate and for the purposes of experience and development of staff, the
       Council may arrange a transfer of officers between classified positions, provided that
       there is mutual agreement by all parties and that no officer shall be in receipt of a
       lesser current and maximum remuneration. Such transfers shall be between positions
       having a similar level of salary and responsibility.

23.6   Welfare

       Subject to the provisions of the Health & Safety in Employment Act 1992 which
       prescribes the safety, health and welfare requirements for offices and other
       undertakings where employees covered by this Agreement are employed, Council
       shall ensure that adequate lighting, heating, ventilation, sanitary and washing facilities
       and facilities for rest are provided.

23.7   Repetitive Strain Injury

       Council shall maintain a record of any repetitive strain injuries raised by any
       employees subject to this Agreement with any subsequent action taken and the results
       of that action.

23.8   Harassment

       The Union and Management agree that harassment in the work place is totally
       unacceptable.


24.    UNION MEMBERSHIP
24.1   Deduction of Union Fees
       (a)   Providing that Council is supplied in writing with an "authority to deduct fees"
             by the officer, the Council shall deduct union subscriptions either weekly or
             fortnightly from the remuneration due to the union member bound by this
             Agreement. Such subscriptions shall be remitted to the Union at mutually
             agreed intervals.

       (b)    It shall be the responsibility of the Union to notify the Council bound by this
              Agreement of the amount of the subscription fixed by the Union in accordance
              with its registered rules.


25.    RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEM
“Where an employment relationship problem arises (including personal grievances, a dispute
about the interpretation, operation or application of the collective agreement and arrears of
wages), the employee or employees shall have a right to take the following steps:
1.     Raise the employment relationship problem with the employer. It is recommended
       that the employee/s have a Union delegate or Union official be present at any meeting
       with the employer.
                                             Page 20


       Note – if the employee is raising a personal grievance (unjustified dismissal,
       unjustified action, discrimination, sexual harassment, racial harassment or duress) the
       employee must raise the personal grievance with the employer within 90 days
       beginning with the date of the dismissal or action, or the date of the dismissal or the
       action came to the employee’s notice, whichever is the later.

       The employee can raise the personal grievance by making the employer aware that
       they have a personal grievance which the employee wants the employer to address.

2.     If the employer does not resolve the issue to the satisfaciton of the employee’s, the
       employee/s may apply to the Department of Labour for mediation service assistance.
       This may include:

              -   Provision of information or explanations as to where information can be
                  found by way of telephone, fax, e-mail or internet;
              -   Provision of information through pamphlets, brochures or booklets;
              -   Specialist services, including mediation hearings and meetings.

3.     If the employment relationship problem is not able to be resolved with the assistance
       of the mediation service, the employee/s are able to proceed to the Employment
       Relations Authority, which will provide an investigatory process and will issue a
       written decision.

       The employee/s are able to go to the Employment Relations Authority without first
       obtaining mediation assistance.

4.     In certain circumstances, the employee/s will be able to appeal to the Employment
       Court and the Court of Appeal if they are unhappy with the outcome at the
       Employment Relations Authority.

Remember – seek advise from your Union if any employment relationship problem arises and
you are unsure what to do.”



26.    UNDER RATE WORKERS
Under-rate Workers shall be employed in accordance with the provisions of the Minimum
Wage Act 1983 and its amendments.


27.    RIGHT OF ENTRY
The Employer bound by this Agreement shall permit an officer or paid official of any
respective employee representative organisation to enter at all reasonable times (to be
mutually agreed between the Employer and any respective employee representative
organisation) upon the premises or works and interview any workers, but not so as to
interfere unreasonably with the Employer's business.


28.    UNION MATTERS
28.1   Meetings
       (a)    Subject to sub-section (b) to (e) of this section, every employer shall allow
              every union member employed by that employer to attend, on ordinary pay, at
              least two union meetings (each of a maximum of two hours' duration) in each
              year (being the period beginning on the 1st day of January and ending on the
              following 31st day of December).
                                         Page 21



       (b)    The Union shall give the employer at least 14 days notice of the date and time
              of any Union meeting to which sub-section (a) of this section is to apply.

       (c)    The Union shall make such arrangements with the employer as may be
              necessary to ensure that the employer's business is maintained during any
              union meeting including, where appropriate, an arrangement for sufficient
              members to remain available during the meeting to enable the employer's
              operations to continue.

       (d)    Work shall resume as soon as practicable after the meeting but the employer
              shall not be obliged to pay any Union member for a period greater than two
              hours in respect of any meeting.

       (e)    Only Union members who actually attend a Union meeting shall be entitled to
              pay in respect to that meeting and to that end the Union shall supply the
              employer with a list of members who attended and shall advise the employer
              of the time the meeting finished.

28.2   Staff Delegates Committee

       (a)    The parties to this Agreement shall permit and encourage membership of a
              formal Staff Delegates Committee to promote the interests and well-being of
              all staff.

       (b)    The Staff Delegates Committee may be permitted to conduct meetings during
              work hours at a time agreed with the Chief Executive.

       (c)    Notice of such meetings to be advised to the Chief Executive three days prior.

       (d)    Investigations and other Union related activity is to be of a short duration with
              prior advice given to the Head of Department but subject to departmental work
              requirements.
       (e)    All time involved in union related activity to be identified and recorded.
       (f)    A meeting shall be held at least once each six months for the purpose of
              considering and recommending to the Council and the Union ways and means
              of improving industrial relations - attended by:
                      * Council Management;
                      * Staff Delegates Committee.

28.3   Leave - Union Matters
       Provided 14 days' notice is given to the Chief Executive, the Chief Executive shall
       allow an officer who is an assessor or member of an industrial committee, executive
       member, or an accredited delegate, leave of absence on pay in accordance with the
       following:
       (a)    All time required for up to six negotiators concerning the re-negotiations of
              this Agreement;
       (b)    Up to four days per annum for one "member of the Sector Committee;
       (c)    Up to 12 working days per annum for "executive member";
       (d)    It shall be the Union's responsibility to advise the Chief Executive which of
              their members have been elected and accredited as a "negotiator", "member of
              the Sector Committee", "executive member" or delegate";
       (e)    Paid Education Leave
              The employer will release all employees bound by this collective agreement
              on paid education leave. The annual allocation of paid education leave for
              employees bound by this collective agreement will be calculated pursuant to
              Section 74 of the Employment Relations Act 2000.
                                          Page 22
29.    REDUNDANCY
29.1   The Employer may terminate an Employee’s employment on the grounds of
       redundancy if the Employee’s position becomes surplus to the requirements of the
       Employer or is substantially changed as a result of re-organisation, restructuring or
       other like cause.

29.2   Employee Protection

       29.2.1 This clause applies in all situations where a change to the employee’s business
       will mean the work performed by an employee is to be done for a new employer
       (because of contracting out, transfer, sale of all or part of the business, etc)

       In situations covered by this clause, the employer will take the following steps as soon
       as is reasonably practicable:-

       (a)    Give affected employees and the Union notice of:-

              (i)     The proposed change; and
              (ii)    Who the proposed new employer is; and
              (iii)   Whether the proposed new employer intends to take on some or all
                      affected employees; and
              (iv)    Whether the proposed new employer is a party to a collective
                      employment agreement that covers the work to be done by affected
                      employees; and
              (v)     That if they are not offered a position by the proposed new employer,
                      their employment will be terminated on the grounds of redundancy.

       (b)    Advise the proposed new employer that affected employees are
              members of the Union.

       (c)    Facilitate direct discussions between the Union and the proposed new
              employer about the terms and conditions of affected employees.

       29.2.2 If the proposed new employer is a party to a collective employment agreement
              that covers the work to be done by affected employees, the current employer
              will negotiate with the proposed new employer for affected employees to be
              offered the more favourable of ;-

              (a)     The terms and conditions of the agreement which is already in place;
                      or

              (b)     The terms and conditions of this agreement.


       29.2.3 If the proposed new employer is not a party to a collective agreement that
              covers the work to be done by affected employees, the employer will negotiate
              with the proposed new employer for affected employees to be offered the
              more favourable of ;-

              (a)     Any standard terms and conditions of individual employment
                      agreements made between the proposed new employer and other
                      employees performing similar work ; or

              (b)     The terms and conditions of this agreement.

       29.2.4 In all cases the employer will negotiate with the proposed new employer for
              the employee’s length of service to be recognised for the purpose of service-
              related entitlements.
              Affected employees shall not have any right to redundancy compensation if a
              proposed new employer offers them re-employment :-

              (i)     On the terms and conditions of this agreement or on terms and
                      conditions substantively similar to those set out in this agreement; and
              (ii)    With recognition of continuity of service; and
              (iii)   At the same premises or at a premises that are reasonably convenient to
                      the employee.

       29.2.5 If affected employees are not offered employment by the proposed new
              employer, the terms of clause 29.3 will apply.

              The provisions above are able to be varied by agreement in relation to the
              terms and conditions of employment if an employee accepts and alternative
              offer.

       29.2.6 If there are employees surplus to requirement after redeployment / retraining
              options have been exhausted, then the compensation provided for in clause
              29.3 will apply.

       29.2.7 Any employee who finds alternative employment during the notice of
              redundancy period may, with the consent of the employer, terminate their
              employment prior to the expiry of the notice period without forfeiting their
              redundancy compensation. The employers consent in such cases shall not be
              unreasonably withheld.


29.3   Severance

       In the event of redundancy, an Employee whose employment is being terminated will
       be entitled to:
       (a)     0-1 year: pro-rated on a monthly basis to a maximum of six weeks’ pay;
       (b)    On completion of one year’s continuous service, will receive a payment equal
              to six weeks’ pay;
       (c)    Each subsequent year of current continuous service, will receive two weeks’
              pay (up to a maximum of 20 years’ service). Part years of service will be pro-
              rated on a monthly basis.

       Weekly pay will be calculated on the basis of average earnings for the 12 month
       period immediately prior to termination or since commencement of employment, if
       less than 12 months, or at the ordinary time rates applicable at the date of termination,
       whichever is the greater.

       This payment will represent the full compensation payment for the termination of an
       Employee’s employment in the event of redundancy.

       This severance formula will be reviewed annually.


30.    CONTINUITY
30.1   Where a Local Authority Trading Enterprise (LATE) is to be formed for the purpose of
       establishing a separate legal entity or Council resolves to divest an existing function
       the Chief Executive shall give immediate advice to the Union of the decision so as to
       enable negotiations to take place.

30.2   Upon Council resolving to set up an establishment unit or divestment unit the Chief
       Executive shall make all best endeavours to secure appointment of a staff member,
       nominated by the PSA Staff Delegates Committee and endorsed by the Chief
       Executive as a full member of that Unit.
                                            Page 23


31.    CONSULTATION
31.1   The intent of the parties is to recognise the requirement to provide a high level of
       service to the people of the Gisborne District. In pursuit of this goal the Council and
       the Union are fully committed to fostering good industrial relations and ensuring that
       consultation and co-operation is the basis for all Council/Union relations.

31.2   By entering into this agreement the parties are indicating their willingness to resolve
       matters of concern through consultation.

31.3   The Council and Union recognise the need to keep each other informed of
       developments that may affect staff, in order to promote industrial harmony.



31.4   The purpose of consultation is to:

       (a)    Improve communication at all levels;
       (b)    Allow staff to be innovative;
       (c)    Encourage team spirit and co-operation;
       (d)    Provide a supportive work environment where staff have the confidence to
              offer their ideas on the efficient running of the organisation;
       (e)    Give staff a greater opportunity for participation and influence in their
              organisation;
       (f)    Make the fullest possible use of available experience and ideas on the efficient
              running of the Council;
       (g)    Give the parties the opportunity to meet and understand each other's views and
              objectives at first hand.

31.5   The Council recognises that its staff are its most valuable resource and that to
       maximise the benefits of the consultation process there is a continuing need for staff
       education and training.

31.6   The parties confirm that the intention of this Agreement is not to by-pass or
       discourage the Union or undermine its legitimate functions. The parties commit
       themselves to a consultative approach but in the absence of consensus will reserve
       their respective rights.

31.7   The parties recognise that change may affect members of other Unions and
       acknowledges the need to provide for other Unions to be involved in the consultation
       process.


32.    EMPLOYEE ASSISTANCE PROGRAMME
The parties to this Agreement have agreed on a policy to assist those employees who have
personal problems that affect his/her work performance. It is in the best interests of the
Council and the employee that a person with impaired work performance should receive early
assistance and at the same time be assured that receiving such assistance should in no way be
detrimental to his/her career. Should it be established that any work performance has been
adversely affected by health related problems, the following will apply:

32.1   Any scheme introduced will be available on a voluntary basis to all employees of the
       Council at all levels.
                                          Page 24



32.2   With the exception of administrative requirements (e.g. leave records and medical
       certificates) all discussions and records will remain confidential. There will be no
       record of involvement in the Employee Assistance Programme placed on the
       employee's personal file unless assistance is not accepted and the matter has become
       one of discipline.

32.3   Those participating may be referred to appropriate professional personnel for
       diagnosis referred treatment and/or counselling. Consideration will be given to
       meeting costs associated with the referral and subsequent assistance under the scheme
       at the discretion of the Chief Executive.

32.4   The employee's entitlement in respect of approved sick leave will apply to any
       absences related to assistance the employee is receiving under the scheme.

32.5   Entry into the scheme and participation will not adversely affect the employee's future
       promotional opportunities and no employee will be penalised for having undertaken a
       rehabilitation scheme.

32.6   Security of employment will be maintained for all those participating in and
       successfully completing a rehabilitation scheme.

32.7   Self-referral of an employee will be encouraged and will carry with it the above
       undertakings.

32.8   The continued employment of a work impaired employee who elects not to accept
       professional help or not to begin or continue treatment will depend on whether they
       achieve and maintain satisfactory work performance.


33.    VARIATIONS
33.1   The Employer and any other party or parties to this Agreement may agree to vary any
       of its terms. Such variation shall:
       (a)    Be produced in writing;
       (b)    Be for a specific period and/or purpose;
       (c)    Not require the consent of any other party to this Agreement;
       (d)    Be accepted by the parties to the variation;
       (e)    Be applicable only to the parties who are signatories to the variation and not
              bind other parties to the Agreement;
       (f)    Employees shall have the right to seek advice from the employee organisation
              when discussing variations to this Agreement;

33.2   Any variation affecting the whole of this document shall be in accordance with the
       following procedure:

       (a)    Where either party has a proposed variation to the Agreement they shall notify
              either the employer or the employees affected by the variation, as the case may
              be, of the proposed variation;
       (b)    Such variation shall be committed in writing and forwarded to the parties
              affected;
                                           Page 25



      (c)    The employer shall in writing notify the relevant employee’s organisation of
             the proposed variation;

      (d)    An opportunity shall be given to such employees to meet with their authorised
             representative to discuss the proposed variation;

      (e)    Any variation shall be confirmed by the agreement of 70% of the affected
             employees;

      (f)    Such variation shall be committed to writing and signed by the employer, the
             affected employees and/or their authorised representative/s;

      (g)    Such variations shall be applicable only to the affected employees who are a
             party to the variation.




34.   TERM OF AGREEMENT
This Agreement shall be deemed to have come into force on 1 November 2006 and shall
continue in force until 31 October 2007
                                          GISBORNE DISTRICT COUNCIL

                                 SALARIED OFFICERS AGREEMENT




.........................................................................................................
                               R D R ELLIOTT
                               (Chief Executive)

                     For and on behalf of the
                     Gisborne District Council                                                              DATE:   ..........................................................................




.........................................................................................................
                      MARGARET TAKOKO
                        (PSA Organiser)

                     For and on behalf of the
                    Public Service Association                                                              DATE:   ..........................................................................
OFFICERS WHO ARE PARTY TO THIS AGREEMENT
   SURNAME              CHRISTIAN NAME/s

   ALLAN                Timothy
   ALLEN                Esther
   ALLEN                Jennifer Sue
   ALLEN                Ngamako

   BAKER                Guy
   BARRON               Peter
   BEARDSLEY            Adrian
   BENNETT              Kay
   BENNETT              Louise
   BIRKS                Derek
   BLANE                Ellen
   BRADFORD             Georgina
   BROWN                Lynnette
   BROWN                Rachel
   BUCHANAN             Francess

   CAMERON              Wendy Louise
   CAMPBELL-WHITEHEAD   Coralie
   CARTER               Christine
   CARTER               Terance
   CLARKE               Jason
   CLEAVE               Sarah
   COCKBURN             Mark
   COLBERT              Jennifer
   COLLINS              Patrick
   COOMBER              Christine
   COOMBER              Audrey
   COTTLE               Mandy
   COULTER              Darryl
   COX                  Darren
   COX                  Linda
   CRAWSHAW             Cynthia
   CRONE                Dennis
   CROSBY               Barry
   CULL                 Desiree

   DAVIS                Peter

   EDWARDS              Wayne
   ERIKSON              Vernie

   FINUCANE             Janelle
   FISHER               Delia
   FRAMPTON             Lynette
   FRANDI               Kelly
GOLDFINCH    Terry
GREAVES      Steve
GRIFFITHS    Jon
GRIFFITHS    Olive

HADFIELD     Karen
HADFIELD     Dave
HAKIWAI      Peter
HALL         Greg
HAMBLIN      Jennifer
HANSEN       Kay
HARVEY       Maureen
HAYWARD      Anne
HEMMINGTON   David
HERMON       Bryce
HILLAN       Lesley
HOLLAMBY     Dean
HUGHES       Allan
HUGHES       Ian

IRVINE       Dave

JEUNE        Lynne
JOBLIN       Mark

KAA          Cherrie
KING         Carol
KINSELLA     Yvette
KIRK         Sue
KOLL         Marcus

LEACH        Rawinia
LEE          Rose
LISTER       Anne
LIVINGSTON   Judith
LOFTUS       Michael
LUND         Dion
LYONS        Richard

MALONE       Dennis
MANSON       Megan
MARDEN       Joy
MARKOWSKI    Stefan
MARSHALL     Eileen
MARSHALL     Warren
MAYNARD      Kerensa
McDONALD     Grant
McDONALD     Lenora
McFARLANE    Les
McINTOSH     Lynda
MILLER              Aaron
MOEKE               Polly
MOGFORD             Nigel
MORGAN              Nathan
MUNRO               Fiona

NESHAUSEN           Stephen
NESHAUSEN           Wendy

OVENDEN             Kenneth

PANTON              Tracey
PASCOE              Lee
PEACOCK             David
PERERA              Glenmo
PERT                Carla
PEWHAIRANGI         Lois
PITCHER-CAMPBELL    Sarah
POHATU              Maxine
POMANA              Dwayne

RAKLANDER           Marise
RENTOUL             John
RIA                 Aroha
ROBINSON            Graeme
RUIFROK             Joss

SANDS               Karyn
SAVAGE              Marie
SCRAGG              Fiona
SEARLE              Kevin
SELBY               Mabel (May)
SHARP               Chris
SHAW                Lisa
SIMPSON             Adrienne
SIMPSON             Jill
SMITH               Bruce
SMITH               Kim
SMITH               Ruby
SMITH               Vivienne
STEWART             Adrian
STUART              Angela
STUART              Paul
SUTHERLAND          De-Arne
SYMES               Doug

TAARE               Zandria
TAHAU               Shona
TAKAO               Josh
TAMANUI             Tane
TANGOHAU-CRAWFORD   Te Rangi Rangi
TAYLOR       Stella
TAYLOR       Joshua
TE KANI      Teresa
TEREKIA      Sonia
THOMPSON     Danielle
TIBBLE       Frank
TOA          Shannon
TUPARA       Dion
TUPARA       Mahea

VASSENKO     Alexander
VIGGARS      David

WAKE         Vanessa
WALKER       Andrew
WALSH        Barbara
WARREN       Muriel
WHITE        Michael
WILCOX       Keriana
WILLIAMS     Leanne
WILLIAMSON   Anna
WINIATA      Makuini
WOLTER       Ngaire
WOOD         Diane

ZAME         Pam
                                                                                  APPENDICES B



                        OVERTIME / TIME IN LIEU PROCEDURE


Overtime and Time in Lieu are only to be used for circumstances where additional workload
and projects require extra time to be worked, and must have prior authorisation by the
employee’s Supervisor and Department Manager. A record of all overtime and time in lieu
must be recorded in Payroll ie for both the recording of having worked the time and also
the application to use it.


PAID OVERTIME
1)    Overtime will be paid to all staff whose Employment Agreement provides for overtime to
      be paid, in accordance with the provisions of that agreement.

2)     Overtime may be paid to salaried staff not covered by an award or other agreement
       specifically providing for overtime, but only on the basis of the officer first being directed
       by the appropriate Manager that overtime shall be worked for a specific task or project,
       in addition to the normal expectations of the officers duties/role.


TIME IN LIEU
1)     Employees may choose whether to be compensated by paid overtime or by time in lieu at
       the rate of time for time.

2)     Any authorised    time in lieu worked will be recorded through (weekly) timesheet, by
       payroll.

3)     If the employee is not reasonably able to take time in lieu by the periods ending 30
       September, 31 December, 31 March and 30 June, then an equivalent payment shall be
       made for the time in lieu accumulated as at those dates.

4)     Time in lieu will not be permitted to accrue beyond the above stated periods, unless for
       special reason. Written application must be made to the Chief Executive whose decision
       will be final.

5)     Time in lieu is to be treated the same as Annual Leave and must be applied for and
       authorised on council’s official leave form.

6)     Time in lieu accrued through working on Statutory holidays cannot be paid out (Holidays
       Act regulation) therefore, a separate record of these hours will be kept in payroll.


APPLICATION / EXPECTATIONS

Salaried staff will ordinarily be expected to work the hours necessary for the successful
completion of their jobs without additional recompense, in accordance with their conditions of
appointment. Applications from salaried staff considering themselves disadvantaged by non-
payment of overtime or time in lieu provisions for a specific project, will be considered and
resolved by the Head of Department in consultation with the Chief Executive.


These procedures also form part of Council’s Personnel Policies and Procedures.

				
DOCUMENT INFO
Description: Local Government Officers Employees New Zealand document sample