(a) This Collective Agreement is made under the Employment Relations Act 2000 and shall be known as the Massey University at Wellington Collective Agreement (hereinafter the "CA"). This Agreement applies to lecturers as specified in Part 2 (hereinafter the "employees"). This CA shall be binding on:
(i) The Vice Chancellor of Massey University (hereinafter the “employer”);
(ii) The New Zealand Tertiary Education Union Te Hautū Kahurangi o Aotearoa – (hereinafter the“TEU”).
(b) The employer agrees to offer new casual employees as defined in Part 2 the opportunity in the first instance to be added as a party to this CA.
(c) The employer agrees to recognise TEU as the bargaining agent for those employees who have so authorised TEU.
The parties pledge their best endeavours to the educational needs of the students of Massey University and agree to operate this CA in the spirit of the current Charter.
With respect to Section 54 (3) (a) (iv) of the Employment Relations Act 2000 the parties agree that this Agreement may be varied during its term by agreement in writing by the parties.
This Collective Agreement takes effect from 01 June 2008 and expires on 31 May 2009.
2.1 Academic Year means the period from the commencement of Semester 1 to the end of Summer School.
2.2 Clinical teaching means off-campus health science teaching involving patient care.
2.3 Duty refers to the time when an employee may be required by the employer to be at the university or at another location.
2.4 Employer means the Vice Chancellor of Massey University.
2.5 Lecturer means any person:
(a) employed in a teaching position or;
(b) employed in a position defined as a non-teaching academic position.
2.6 Casual Employee (previously known as part-time and/or limited tenure) shall mean those employees employed either fulltime or proportionally, or on an hourly as needed basis for a period of less than 4 weeks for each separate engagement without any commitment from either party as to an on-going relationship.
2.7 Non-teaching Lecturer means any academic staff member employed in a non-teaching position.
2.8 University means the Massey University, including its main campus and all its off campus sites.
2.9 Proportional means an employee employed to undertake a specified fraction of the work of a full time employee.
2.10 Research is as defined by the New Zealand Qualifications Authority for the purposes of the approval and accreditation of programmes leading to qualifications and includes specified institutional policy.
2.11 Research Conditions except where specifically stated [see clauses 6.1(a)(v) and 8.6(a)(ii)] all the conditions of this Agreement shall apply to lecturers who have agreed to accept research conditions.
2.12 Semester – see Massey calendar
2.13 Service for
(a) Lecturers appointed on or after 25 October 1994 will have their previous current continuous service in other tertiary institutions credited as follows:
(i) up to a maximum of three years to be recognised as equivalent to current continuous (Wellington Polytechnic) Massey University service;
(ii) up to a further two years of additional current continuous service on evidence of the completion of a recognised teaching qualification. The 12 week TTU programme shall be so recognised;
(iii) any other relevant service as may be agreed between the employer and employee;
(iv) service as a teacher or educator in an operation which has been absorbed into the polytechnic or university service is counted as service for the purposes of subclause (b) below.
(b) Lecturers appointed prior to 25 October 1994 shall have the meaning as specified in Schedule A.
(c) "Continuous service" includes all periods of paid leave and parental leave and would not be broken by, but would not include all periods of:
(i) approved leave without pay
(ii) breaks of not more than three months between employment within the tertiary service.
(d) Continuous proportional service shall be aggregated as fulltime equivalent service on a pro-rata basis.
(e) Continuous part-time service may be aggregated as fulltime equivalent service on a pro rata basis.
2.14 Teaching Day means any duty day on which teaching is timetabled to occur.
2.15 Tenure means employment on an ongoing basis.
2.16 Tertiary Institution means any institution (or its overseas equivalent) as defined in the Education Amendment Act 1990.
2.17 Timetabled teaching hour in relation to any employee means a period of one hour spent in class instruction and/or includes any hour of timetabled learning activity for a class for which the lecturer is responsible.
2.18 Untenured means engagement for an unspecified period of time with no undertaking for, or expectation of, continuing employment.
3.1.1 Casual lecturers as defined in clause 2.6 may be appointed according to the categories set out in subclauses 3.1.2 - 3.1.3.
3.1.2 (a) (i) fulltime for a period of less than 4 weeks.
(ii) proportional, for not less than 0.3 and not more than 0.8 of a fulltime position, for a period of less than 4 weeks.
(iii) On an hourly as needed basis.
(b) Casual appointments made under the conditions below subclauses (b) (i) - (b) (iv) will not as such imply any expectation of ongoing employment. These conditions should be read in conjunction with clause 11.2:
(i) to fill a vacancy occasioned by the resignation, retirement or death of a tenured lecturer pending the advertisement and subsequent appointment of a replacement lecturer;
(ii) to relieve for a tenured lecturer on approved leave;
(iii) to trial new courses;
(iv) to undertake specific and finite projects or tasks for a period not exceeding 4 weeks.
3.1.3 (a) On a casual basis as follows:
(i) for periods of less than six weeks at any one engagement; or
(ii) longer than six weeks when employed for hours which are not more than 0.5 of full time in terms of clause 6.1 of this Collective Agreement.
An employee who exceeds these maxima on an irregular basis only may continue to be classified as casual (Refer also to clause 4.5 of this CA).
(b) Policies relating to conditions for casual lecturers shall be developed in accordance with Schedule D.
(a) Massey University affirms the principles of EEO and will promote policies and practices throughout the University to ensure EEO in all crucial employment processes especially those concerning staff appointments, promotions, and career development. The employer will provide opportunities for training in EEO for staff, and monitor EEO aspects of the processes involving staff appointments, promotion and career development.
(b) The employer shall appoint staff in accordance with an equal employment opportunities programme. For the purposes of this CA an equal employment opportunities programme means a programme that is aimed at the identification and elimination of all aspects of policies and procedures and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality in respect of the employment of any persons or group of persons on the basis of their gender, ethical belief, political opinion, race, colour, ethnic or national origin, sexual orientation, marital status, family responsibilities, religion, disability or age. The employer in making an appointment shall give preference to the person best suited for the position.
(c) The employer shall notify the local branch of TEU when intending to review the equal employment opportunities programme.
(d) TEU shall be involved in the process of reviewing, implementing and monitoring the equal employment opportunities programme.
(a) Employees appointed to a tenured position shall give at least two months' written notice of resignation or such shorter time as agreed between the employer and employee. Failure to give notice forfeits any salary payment beyond the last day of duty. This provision shall not apply in the event of a surplus staffing situation when the provisions of Part 11 shall apply.
(b) Employment on a casual basis may be terminated with one weeks’ written notice by either party.
(c) Nothing in this clause shall remove from the employer her/his obligation to observe the principles set out in clause 3.4 prior to applying any notice to an employee in the event of a termination of employment resulting from disciplinary action.
(d) Notwithstanding the above any employee may be peremptorily dismissed for serious misconduct.
(a) Principles to be observed
In any disciplinary action the following principles shall be observed:
(i) The employee must be advised in writing of the specific problem and given reasonable opportunity to respond;
(ii) Before any substantive disciplinary action is taken, an appropriate investigation is to be undertaken by the employer;
(iii) The response of the employee must be considered before a decision is made;
(iv) The employee must be advised of any improvement required, given reasonable opportunity and assistance to change, and advised of the consequences if the problem continues;
(v) The notification of complaint and results of any action are to be recorded in writing, and sighted and signed by the employee as having been seen;
(vi) The employee must be advised by the employer of her/his right to request TEU assistance, and/or representation at any stage.
Nothing in this clause prevents the suspension with or without pay, temporary placement on other duties, or dismissal without notice, in the case of serious misconduct. Where an employee has been suspended and the allegation is subsequently found to be without substance, the employee must be entitled to resume the position from which she/he was suspended and be reimbursed for any loss of pay.
4. CAREER PROGRESSION AND REMUNERATION
The following provisions recognise the need for lecturers to develop as professional teaching practitioners and the desirability of integrating professional development and remuneration with the acquisition and application of professional practice skills and attributes.
