ALLIED STAFF
COLLECTIVE AGREEMENT

Effective: 1 July 2022 to 30 June 2023

Auckland University of Technology

Your TEU Branch President is:

TIASA National Office
Name:
David Sinflied

1st Floor
Extn:

1122 Pukaki Street
Email:
[email address]

PO Box 1594, Rotorua

Phone:
07 346 1989
The TEU Organiser s:

Email:
[email address]
Name:
Jill Jones
Website:
www.tiasa.org.nz
Phone:
09 815 8029

Cell:
027 4424809

Email:
  [email address]

TIASA AUT Branch Chair (Vacant)

Name:

TEU National Office:

Office:

Phone:
0800 278 348

Phone:

Internet:
www.teu.ac.nz

Email:

Email:
[email address]

Employment Relations Advisor

Name:
Hilary Ord
Phone:
0274783515

Email:
[email address]

Auckland University of Technology

PART 1: AGREEMENT COVERAGE

1.1  Parties

1.1.1
The Parties to this Agreement are:

(a)  The Vice Chancel or of Auckland University of Technology, herein referred to as the
“Employer”;
  (b)  The Tertiary Institutes Alied Staff Association, herein referred to as TIASA;

(c)
The Tertiary Education Union Te Hautu Kahurangi o Aotearoa, herein referred to as
TEU.

1.2  Coverage of the Agreement

1.2.1
This Agreement shall apply to and be binding on:

(a)  The parties to this Agreement; and

  (b)  Subject to Clause 1.2.2, those Employees who are TIASA and/or TEU members and
engaged in allied staff work including but not limited to:

  Group 1
  Administration, Financial Services, Supervisor Management, Secretarial and Clerical,
Information Technology Services, Marketing, Communications, Public Relations, Student
Recruitment, Student Support, Sign Language Interpreters, Career Consulting, Child Care,
Health and Counsel ing, Library, Recreation and Fitness, Technical Support, Telephone
Services, Mail Process and Delivery, and Facilities Management and Maintenance.

  Group 2
  Retail Assistant, Kitchen Assistant, Café Assistant
  Restaurant Server, Barista, Events Assistant, Senior Retail Assistant, Commis Chef, Demi
Chef, Supervisor, Head Barista, Duty Manager, Senior Events Assistant, Co-ordinator, Chef
de Partie, Sous Chef, Restaurant Supervisor, Team Leader, Head Chef,

  Group 3
  Security Supervisor, Assistant Security Supervisor, Safety and Security Officer.

1.2.2
Excluded from coverage of this Agreement are:

(a)  Employees who are managers in receipt of total remuneration equal to or exceeding
Grade Ex 12-01.
  (b)  Human Resources Administration and Payroll staff.

1.3  Term of the Agreement

1.3.1
This Agreement takes effect on 1 July 2022 and expires on 30 June 2023.

1.4  New Employees

1.4.1
For new Employees  who are appointed during the term of this Agreement and who are
primarily employed in the occupational groups outlined in Clause 1.2.1(b), the Employer will

(i)
inform the Employee that this Agreement exists and covers the work to be done by the
Employer and

(ii)
provide the Employee with a copy of this Agreement and

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(iii)  inform  the  Employee  that  they  may join TIASA  or TEU, give the Employee  the
application forms and union contact details

(iv)  inform the Employee that if the Employee joins TIASA or TEU they wil  be bound by the
Agreement

(v)
inform the Employee that their name wil  be advised to TIASA and TEU as a new AUT
Employee.

1.5  Current Employees

1.5.1
Current  Employees  who fal  within the coverage Clause  of this Agreement, and who join
TIASA or TEU during the term of this Agreement shal  be covered by this Agreement.

1.6  Cessation of Coverage

1.6.1
Any  Employee  covered by this Agreement who is subsequently offered and accepts an
Individual Employment  Agreement  for a management position to which Clause  1.2.2(a)
applies shall cease to be a party to this Agreement.

1.7  Variation of the Agreement

1.7.1
The terms of this Agreement may be varied in respect of their application to an individual
Employee by agreement between the Employer and that Employee.

1.7.2
Where the Employer has initiated the proposed variation then the Employer wil  undertake to
inform  the applicable union  of any proposed variation, to provide the union  a copy of the
proposal prior to the Agreement being finalised and to inform the Employee of the right to
contact their union.

1.8  University Policies

1.8.1
The parties recognise that University policies and procedures may be amended or created
from time to time to ensure the smooth operations of the University and/or to give practical
effect to those provisions within this Agreement which are subject to Employer discretion.

1.8.2
Where University policies are not in conflict with this Agreement, they are binding on
Employees.

1.8.3
Where the University wishes to develop a new policy or vary an existing policy and that
variation or addition wil  impact upon Employees terms and conditions of employment, the
Employer will consult with TIASA and TEU.

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PART 2: DEFINITIONS

2.1  “Alternative Day” has the same meaning as defined in the Holidays Act 2003 and subsequent
amendments.

2.2  “Employer” means the Vice Chancellor of the Auckland University of Technology, (AUT) or any
manager acting within their delegated authority.

2.3  “University” has the same meaning as defined in the Education Amendment Act 1990 and
includes any other organisation engaged in the delivery of teaching/learning programmes for
which the Vice-  Chancel or fulfils the role of Employer, or any enterprise established by the
Employer, or the governing body of the Employer.

2.4   “Employee” means any person employed by AUT as a party to this collective agreement and
whose position comes under the coverage Clause 1.2 and whose terms of employment are
defined as:
•  Permanent; meaning an Employee who undertakes the duties of an ongoing position.
•  Fixed Term (Temporary); meaning an Employee who undertakes the duties of a position
for a defined period or term, or for a defined project, or for a temporary period including
acting in a relieving capacity.
•  “Casual” or “hourly paid”; meaning those Employees who are paid on an hourly basis, and
on an ad hoc basis, that is, without any commitment from either party as to an ongoing
employment relationship. Unless specifical y provided for the conditions of this agreement
do not apply to casual Employee’s.

2.5  “Union” means TIASA and/or TEU as applicable.

2.6  “Nine hour break” means a period of nine hours off duty between each work period.

2.7   “Unbroken work” means a period of time less than nine hours off duty between each work period.

2.8  “Overtime” means al  authorised time worked in excess of the normal hours of work.

2.9  “Ordinary hourly rate” is achieved by dividing the annualised total salary amount of the Employee
by 1955.36 to provide an hourly applicable rate of pay.

2.10  “Average weekly earnings” has the same meaning as defined in the Holidays Act 2003.

2.11   “Penal Rate” shall mean a rate which is paid for work completed outside ordinary hours or in
excess of the ordinary hours. Penal rates wil  be either time and a half or double time, depending
on the conditions applicable in this agreement.

2.12  “Penal Time” is time (other than overtime) worked outside ordinary daily hours of work; on a
Saturday, Sunday or recognised Public Holiday.

2.13  “Service” means
(a)  (i)
Continuous service in the employment of any NZ Polytechnic, REAP Community
Education Centre or any organisation which is now a Polytechnic or University,
provided that for any staff employed at 1 January 2001, service which has or ought
to have been recognised under the CEC expiring on 31 August 2002 shall continue
to be recognised, and

(ii)
Continuous service as an Employee in any operation which has been absorbed into
the Polytechnic sector, and

(iii)  Periods of continuous part-time hourly paid service with the Employer, which are
aggregated to the ful -time equivalent service for the purposes of this definition, and

(iv)  Periods of unpaid parental leave, and

(v)
Any other service the Employer agrees to recognise at the time of appointment.
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(b) “Continuous service” for the purposes outlined above includes al periods of paid leave and
is not broken by, but does not include any:

(i)
approved leave without pay;

(ii)
breaks of not more than three months between employment within the University
and Polytechnic and University sectors.

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PART 3: TERMS OF APPOINTMENT

3.1  Categories of Appointment are:

1.  Permanent i.e.  Full-time or Part-time
2.  Fixed term i.e. Full-time or Part-time for a defined period.
3.  Hourly paid.

3.2  Fixed Term
Appointments shal  be for a specified period of time and for a particular reason, which wil  be
stated in the letter of offer.
(a)  To relieve where the incumbent is away on approved leave for a period of time (e.g.
Parental Leave, or extended periods of absence).
(b)  To complete a specific project.
(c)
To fil  a vacancy pending a permanent appointment.
(d)  Any other genuine business or commercial reasons.
(e)  To give effect, where requested by the Employee, to an Employee’s retirement plans.

NOTE: Fixed term appointments are not permitted to trial or establish the suitability of an
Employee.

3.3  Hourly Paid Employees

The fol owing conditions apply to hourly paid Employees:

•
Annual Leave. Payment of holiday pay shal  be at 8% of the gross taxable earnings for
each separate period of employment as per the Holidays Act 2003  and subsequent
amendments.
•
Penal Rates. Hourly paid Employees shal  not be entitled to penal rates.
•
Public Holidays. If an Hourly paid Employee is requested to work on a public holiday
they wil  be entitled to time and a half rates for all hours worked and an Alternative day
as per the Holidays Act 2003.
•
Sick Leave.  An Hourly paid Employee wil  not be entitled to paid sick leave entitlements
until they have worked for a continuous period of six months. After six months they are
entitled to the provisions contained in the Holidays Act 2003.
•
Bereavement Leave. An Hourly paid Employee may claim bereavement leave of up to
3 days on the death of an immediate family member as defined in the Holidays Act 2003.
•
Rate of Pay. The agreed and appropriate hourly rate of pay as stated in Schedule A shall
apply.

3.4  Monitoring and Review Periods

3.4.1
Employees appointed for the first time to permanent, part-time or temporary positions may be
required to undertake a monitoring and review period of three months.

NOTE: This wil  not apply to hourly paid Employees.

Refer also to the “Monitoring and Review of New Employees Procedures” for details

regarding the application of this process.

3.4.2
If an Employee is re-appointed to a different position after a break of employment from AUT,
a period of monitoring and review of up to three months may apply.

3.4.3
The Employer may, after reviewing the Employee’s performance, and providing written details
on performance standards required, extend the monitoring and review period for a further
three months, the total period under monitoring and review not to exceed six (6) months.

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3.4.4
If no such formal action is taken then within two (2) weeks of the monitoring and review period
(including any extension, if applicable) expiring, it is deemed to be completed.

3.4.5
Should an Employee  not reach the required standards during the monitoring and review
period, the Employer will follow the University’s policies which may result in termination of
employment.

Refer also to the “Discipline Policy” for the process to apply if performance standards

are not being achieved.

3.5  Termination of Employment

3.5.1
Notice Requirements for resignation or termination of employment

(a)  Permanent employment (Full-time or Part-time) may be terminated with four week’s
written notice by either party.

(b)  Fixed Term or Temporary employment may be terminated by four week’s  written
notice by either party, or at the end of the specified period of employment.

(c)
Hourly paid employment may be terminated by two weeks written notice by either
party or at the end of the specified period of employment.

(d)  Nothing in this Clause wil  remove from the Employer the obligation to observe the
principles set out in Clause  3.6 (Disciplinary procedures for Employees) prior to
applying any notice to an Employee  in the event of a termination of employment
resulting from disciplinary action.

(e)  Notwithstanding the above, any Employee  may be summarily dismissed for serious
misconduct.

Refer to “Employee Discipline Policy”.

3.6  Disciplinary Procedures for Employees

3.6.1  In any disciplinary action the fol owing steps wil  be observed:

(a)  The Employee must be advised in writing of the specific problem and given reasonable
opportunity to respond.

(b)  Before any substantive disciplinary action is taken, an appropriate investigation is to be
undertaken by the Employer.

(c)
The response of the Employee must be considered before a decision is made.

(d)  The  Employee  must, if advised of any improvement required, be given reasonable
opportunity and assistance to change, and be advised of the consequences if the problem
continues.

(e)  The Employee must be advised by the Employer of their right to request union assistance,
and/or representation at any stage.

(f)
The notification of the problem, the result/s of any investigation and any action taken are
to be recorded in writing and provided to the Employee.

(g)
In the case of serious misconduct the Employer may:

(i) suspend with or without pay

(ii)  place on other temporary duties; or
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(iii) dismiss without notice

3.6.2  Where the 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 they were
suspended and be reimbursed for any loss of pay.

Refer to “Employee Discipline Policy”.

3.7  Abandonment of employment

3.7.1  Where an Employee is absent from work for five or more consecutive workdays without notifying
the  Employer  of the reason for absence, they wil   be  deemed to have abandoned their
employment, provided the Employer has taken al  reasonable steps to contact the Employee.
Where an Employee  was unable,  through no fault of their own,  to notify the Employer, their
employment shal  not be deemed to have been abandoned.

3.8  Incapacity

3.8.1  If as a result of physical or mental incapacity the Employee is unable to perform the duties of the
position, and is unlikely to recover the capacity to perform those duties within a reasonable period
of time, the Employer:

(a)
will consult with the applicable union on behalf of the Employee

(b)    may require the Employee  to undergo a medical examination, at the Employer’s
expense, by a registered medical practitioner nominated by the Employer, or if the
Employee  wishes, two registered medical practitioners, one nominated by the
Employer and the other by the Employee

(c)
  wil  take into account any report and/or recommendation made available as a result of
the medical examination(s) or any other medical reports and/or recommendations
which are provided by the Employee, and apply one or a combination of the following
options:
•  no further action under this Clause
•  the formulation of a professionally facilitated return to work plan
•  redeployment
•  proportional employment
•  an agreed period of leave without pay up to one year
•  terminate employment by giving two months written notice

(d)
Where employment may be terminated under this Clause the Employee wil  be entitled
to remain in employment until their  sick leave is used or to end their  employment
immediately and be paid all remaining sick leave.

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PART 4: HOURS OF WORK

4.1  Weekly and fortnightly Hours

  Group 1
4.1.1
Ordinary hours of work shall be up to 37.5 per week. These wil  normally be worked in 5
consecutive 7.5 hour days, Monday to Saturday, between 7am and 9pm. Other working
arrangements, with current Employees, involving ordinary hours of work not exceeding 75
hours per fortnight may be agreed between the Employer and the Employee/s concerned and
the applicable union/s.

4.1.2
Where such agreement has been reached the penal rate provisions (Clause 5.9) wil  not apply
in respect of the ordinary hours agreed.

Group 2
4.1.3
Ordinary hours of work shall be up to 80 hours per fortnight. These may be worked on
consecutive days, Monday to Sunday. Hours of work wil  be rostered in advance. Other
working arrangements, involving ordinary hours of work not exceeding 80 hours per fortnight
may be agreed between the Employer and the Employee/s concerned.

There wil  be a two weekly roster, advised two weeks in advance.  Any changes to the normal
rosters wil  be by mutual agreement.  Employees may be required to work in another location
on a relief basis, based on  normal hours of work, for which transport will be provided if
necessary.

Group 3
4.1.4
Hours of work are as set on appointment. These may include rostered shifts on any time and
days of the week. Staff employed as of 5 December 2012 retain their current hours of work
unless otherwise agreed with the employee.

4.2  Work Breaks

4.2.1
The daily hours of work shall be continuous from the time of commencement and shall not be
broken except for meal intervals, which shall not exceed one hour in duration.

4.2.2
An  Employee  shal  be al owed two rest breaks of 10 minutes each day, in the morning,
afternoon or evening, at times specified by the Employee’s supervisor.

4.2.3
Each Employee shal  be al owed a minimum break of nine consecutive hours between spells
of ordinary hours of duty.

4.2.4
No Employee shall be required to work for more than five hours continuously without being
allowed a meal break of not less than half an hour.

4.2.5
4.2.1, 4.2.3 & 4.2.4 do not apply to Group 3 employees.

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PART 5: REMUNERATION

5.1  Rates

Group 1
5.1.1
The grading structure and applicable annual salaries to be paid to Employees are listed in
Schedule A of this Agreement. The rates listed in Schedule A are minimum rates.

Refer to “Al ied Staff Grading and Placement Procedures” for details of AUT’s career

structure for Al ied Staff.

Group 2
5.1.2
The grading structure and applicable annual salaries to be paid to Employees are listed in
Schedule C of this Agreement.

Group 3
5.1.3
Remuneration wil  be set on appointment.

  Groups 2 & 3
5.1.4
Groups 2 & 3 have alternative salary structures to Group 1. The AUT Al ied Staff Grading and
Placement Procedures do not apply to Group 2 & 3.

5.2  Salary Profile

5.2.1
A profile of salaries paid to Employees under this Agreement shall be made available to TIASA
and TEU at the end of each financial year. The profile wil  list salaries paid to Employees by,
paid rate, gender and length of employment. Other information on salary profiles wil  not be
unreasonably withheld.

5.3  Acting Higher Duties Al owance

5.3.1
An Employee who acts in a higher position for at least 5 consecutive days wil  be paid an
allowance, such al owance to be determined in accordance with the University policy “Acting
Higher Duties”. Approved leave wil  neither count towards nor interrupt the qualifying period.

Refer to the policy “Additional Remuneration Procedures” for details regarding the

application of this al owance.

5.4  Special Responsibilities Al owance

5.4.1
An Employee required by the Employer to undertake special responsibilities over and above
those normal y expected of an Employee, (as defined by the Employer) wil  be paid an
allowance. This allowance wil  reflect the nature of the responsibilities.

5.4.2    The granting of any Special Responsibilities Al owance wil  be confirmed in writing to the
Employee. The confirmation wil  define the responsibilities and the period for which the
allowance wil  be paid. The allowance wil  be subject to annual review and wil  be terminated
by the Employer by giving one month’s notice in writing.

5.5  Market Forces Al owance

5.5.1
A recruitment or retention allowance may be paid in accordance with the University “Payment
of  Market Forces Al owances Procedures” for a maximum  period of two years to reflect
difficulty in recruiting and retaining specific skil s and/or experience for any specified position.
The allowance wil  either be paid annual y in advance as a lump sum which wil  be repayable
pro rata from final pay if an Employee resigns or fortnightly with the normal salary payment.
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The arrangement for payment wil  be by mutual agreement between the Employer and the
Employee.

Refer to “Payment of Market Forces Al owances Procedures” for details regarding the

application of this al owance.

5.6  Increments (Group 1)
  5.6.1
An Employee holding a position on a grade to which two or more salary steps apply, and who
is not being paid at the highest of those steps shall, after 12 months at that rate, move to the
salary step above.

  5.6.2
The  Employer  may withhold such increments if, in the  opinion of the Employer, the
Employee’s performance is unsatisfactory. When an increment is withheld, the Employee
shall be advised in writing of the reason(s).

Refer also to “Withholding of Increments Policy” for guidance on the process to be fol owed

for withholding of increments.

5.6.3  The Employer may allow additional or accelerated salary steps.

Refer also to “Al ied Staff Grading and Progression Procedures” for the process for applying

for accelerated salary steps.

5.7  Payment of Salaries

5.7.1  Salaries shal  be paid fortnightly by direct credit to a bank account nominated by the Employee,
not later than 3 working days following the end of the pay period, provided that wages shal  be
paid not later than Wednesday of the pay period.

5.7.2  Pay advice information wil  be issued to a new Employee  electronical y via the Employee
Information Self Service, where the Employee has a unique email address and, thereafter to all
Employees only where there has been a change in pay from one pay period to the next.

5.8  Overtime and Time Off in Lieu

Group 1
5.8.1  An Employee who at the direct request of the Employer works in excess of 7.5 hours on any one
day or 37.5 hours in any one week shall be entitled to time off in lieu at the rate of one hour for
each hour worked. The entitlement to time off in lieu shall be established prior to the Employee
working the additional hours.

5.8.2  An Employee required to work overtime on Saturday, Sunday or a recognised holiday shall be
entitled to time off in lieu of not less than 3 hours.

5.8.3  Whenever practicable time off in lieu shal  be taken in the fortnight following entitlement.

5.8.4  The maximum accrual of time off in lieu shal  be 37.5 hours at any one time, unless by prior
mutual agreement in writing to cover the requirements of the Employer  in exceptional
circumstances.

5.8.5  The Employer shal  make its best endeavours to ensure that the Employee is able to take time
off in lieu to which they are entitled.

5.8.6  Time off in lieu unable to be taken during the leave year in which it is earned shal  be cashed up
at time and a half by 31 December each year. Time off in lieu may not be carried forward to a
following leave year.

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Group 2
5.8.7  An Employee who at the direct request of the Employer works in excess of 10 hours on any one
day or 80 hours in any fortnight shall be entitled to time off in lieu at the rate of one hour for each
hour worked. The entitlement to time off in lieu shall be established prior to the Employee working
the additional hours.

5.8.8  Whenever practicable time off in lieu shal  be taken in the fortnight following entitlement.

5.8.9  The maximum accrual of time off in lieu shal  be 40 hours at any one time, unless by prior mutual
agreement in writing to cover the requirements of the Employer in exceptional circumstances.

5.8.10 The Employer shall make its best endeavours to ensure that the Employee is able to take time
off in lieu to which they are entitled.

5.8.11 Time off in lieu unable to be taken during the leave year in which it is earned shall be cashed up
at ordinary time by 31 December each year. Time off in lieu may not be carried forward to a
following leave year.

Group 3
5.8.12  An Employee who at the direct request of the Employer works in excess of their rostered hours
on any one day or fortnight shall be entitled to time off in lieu at the rate of one hour for each
hour worked. The entitlement to time off in lieu shall be established prior to the Employee
working the additional hours.

5.8.13   Whenever practicable time off in lieu shal  be taken in the fortnight following entitlement.

5.8.14   The maximum accrual of time off in lieu shal  be 40 hours at any one time, unless by prior
mutual agreement in  writing to cover the requirements of the Employer in exceptional
circumstances.

5.8.15  The Employer shall make its best endeavours to ensure that the Employee is able to take time
off in lieu to which they are entitled.

5.9  Overtime Rates

Group 1
5.9.1  Notwithstanding Clause 5.8.1 an Employee who at the direct request of the Employer works in
excess of 7.5 hours in any one day or 37.5 hours in any one week may, if the Employer so
desires, be paid overtime instead of time off in lieu.

5.9.2  Subject to Clause 5.9.4 below, overtime shall be paid at time and a half for the first three hours
and double time thereafter.

5.9.3  Penal time shal  be paid at double time rates for:

•
Public Holidays
•
Between 9pm and 6am on any day
•
After midday on Saturdays (Note: Penal time worked on Saturdays prior to midday, is paid
at the rate of time and a half)
•
Al  day Sunday

Note: This Clause shall not apply if any agreement has been made pursuant to Clause 4.1.2.

5.9.4  Overtime rates payable to library staff shal  be as per 5.9.2 above, except that only overtime
worked after midday on Saturdays until 6.00am on the following Monday shall be paid at double
time.

Group 2
5.7.1  Notwithstanding Clause 5.6.1 an Employee who at the direct request of the Employer works in
excess of 10 hours in any one day or 80 hours in any fortnight may, if the Employer so desires,
be paid overtime instead of time off in lieu.
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5.7.2  Overtime shall be paid at time and a half of the ordinary hourly rate.

5.10   Exceptions to overtime payments

5.10.1  Overtime payments wil  not apply if agreement has been made in accordance with Clause
4.1.2

5.10.2  Casual or Hourly paid Employees and those employed on weekends only shal  not be entitled
to penal rates.

5.10.3  Overtime payments (Clause 5.9) do not apply to Group 3.

5.11  Limits on Time Off in Lieu and Payment of Overtime

An Employee, employed on Band D or higher at the University’s salary bands as set out in
the Al ied Staff Grading and Placement Procedures, is not entitled to overtime payments or to
time off in lieu.

5.12  Limits on Unbroken Work

5.12.1  Wherever practicable, no Employees shal  be required to perform unbroken work.

5.12.2  If unbroken work is performed it shal  be paid at overtime rates, with regard to the time at
which it occurs and the amount of overtime if any which precedes it.

5.12.3  Time spent off duty during ordinary hours solely to obtain a nine hour break shall be paid at
ordinary time rates. Any absence after the ninth hour of such a break, if it occurs in ordinary
hours shal  be treated as a normal absence from duty.

5.12.4  5.12.1, 5.12.2, and 5.12.3 do not apply to Group 2 & 3.

5.13  Call Back

Group 1 & 2
5.13.1  Subject to the provisions of Clauses 5.13.2 and 5.13.3 below, where an Employee is called
back to work after; (i) completing the day’s work, and (i ) leaving the place of employment, or
is called back before the normal time of starting work and does not continue working until such
normal starting time, the Employee  shal  be paid for a minimum of three hours, at the
appropriate rate.

5.13.2  A cal  back which commences and finishes within the minimum period covered by an earlier
call back shall not be paid for.

5.13.3  Where a call back commences before and continues beyond the end of a minimum period for
a previous call back, payment shal  be made as if the Employer had worked continuously from
the beginning for the previous call back to the end of the latter call back.

Group 3
5.13.4  Employees are  required to be available to at end work for special events, requests and
emergencies as per an on call roster.

5.13.5  Compensation for being on call (in 2.3) and being cal ed back into work (in 2.4) wil  be provided
via time in lieu.

5.13.6  Maximum accrual of time in lieu shal  be 40 hours at any one time, unless by prior mutual
arrangements in writing to cover the requirements of the Employer in exceptional
circumstances.

5.13.7  Whenever practicable time off in lieu shall be taken in the fortnight fol owing entitlement.

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5.14  Deductions from Pay

5.14.1  Where requested in writing by the Employee the Employer shall make deductions from the
Employee’s salary for the payment to Employee benefit programmes, superannuation,
parking fees or any other agreed deduction.

5.14.2  The  Employer  shall be entitled to deduct from the salary or other payments  payable on
termination to the employee any leave paid in advance.

5.14.3  With the agreement of the employee, the employer shall be entitled to deduct from salary or
other payments payable to the employee any other overpayments.

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PART 6: LEAVE

The provisions contained in the Holidays Act 2003 and any subsequent amendments shall apply unless
specifical y addressed in the fol owing Clauses.

6.1  Public Holidays

6.1.1
The fol owing days shall be observed as public holidays:

  Christmas Day

  Boxing Day

  The day after Boxing Day

  The second day after Boxing Day

  New Year’s Day

  The day after New Year’s Day

  Waitangi Day

  Good Friday

  Easter Monday

  Easter Tuesday

  Anzac Day

  Sovereign’s Birthday

  Labour Day

  Auckland Anniversary Day (as observed)

  Matariki

6.1.2
In the event of a public holiday fal ing on a Saturday or a Sunday, such holiday shall be
observed on the following Monday, and in the event of another holiday fal ing on such Monday
then the public holiday shall be observed on the succeeding Tuesday.

6.1.3    No Employee shal  work on a Public Holiday other than by mutual agreement. Employees
who agree to work on a Public Holiday shall be entitled to an Alternative Day to be taken at a
mutually agreed time.

6.2  Holidays Fal ing During Leave or Time Off

6.2.1
Where a public holiday fal s during a period of paid leave, whether annual leave, sick leave or
special leave on pay, an Employee is entitled to that holiday, which is not to be debited against
such leave.

This provision does not apply to a holiday fal ing during annual or retiring leave taken after the
Employee has ceased to work prior to leaving the service, unless the Employee has worked
at any time during the fortnight ending on the day on which the holiday is observed.

6.2.2
An Employee shal  not be entitled to payment for a public holiday during a period of leave
without pay, unless the Employee has worked at any time during the fortnight ending on the
day the holiday is observed.

6.3  Time Off for Working on a Holiday

6.3.1
Any Employee may be required to work on any of the days or substituted succeeding days
set out in Clauses 6.1.1 and 6.1.2 above.

6.4  Annual Leave

6.4.1
Annual leave prescribed in this Agreement is inclusive of the provisions of the Holiday’s Act
2003 and any amendments up to the effective date of this Agreement.

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6.5  Recording of leave

6.5.1    When an Employee  intends to take annual or professional development leave they are
required to apply electronically to obtain prior approval from their Manager. Sick, Jury or
Bereavement leave may be applied for (electronically) on return to work, provided the
Employee has advised the Manager of their requirement to take this leave. If the employee is
unable to apply electronical y they must complete a leave application form.

6.6  Reciprocal Benefit

Annual leave is regarded as essential to staff welfare and in the interests of both the Employee
and the Employer. Subject to Clause  6.9, annual leave must be taken within one year of
entitlement.

6.7  Entitlement

Employees shall be entitled to paid annual leave as fol ows:

(a)  For the first five years of continuous service, four weeks and two days annual leave
plus three University days shall apply for each completed year of service. At the
completion of the fifth year of continuous service, an Employee shall be entitled to 5
weeks annual leave.

(b)  Temporary Employees

(i)  4 weeks and two days annual leave per full year of employment, reduced pro
rata for periods of employment less than one year.


(c)
(i)
Hourly paid Employees shall not be entitled to annual leave but shal  be paid
holiday pay in accordance with the Holidays Act 2003.

(ii)
Hourly paid Employees shal  be paid for statutory holidays only if the holiday falls
on a day on which the Employee  would have worked had the holiday not
occurred.

(d)  Effective from 1 January 2001 annual leave as provided for above is deemed to
incorporate those discretionary leave days and shopping day previously granted by the
Employer.

(e)  Employees who have been absent on special leave with or without pay in excess of 20
working days in one or more periods in any year are to have their annual leave reduced,
as determined by the Employer.

6.8  The Leave Year

6.8.1
For the purposes of calculating leave the leave year shall be 1 January to 31 December.

6.9  Timing of Annual Leave

6.9.1
Each Employee shall submit a leave timetable in respect of each leave year by 28 February,
as a basis for agreement with the Employer as to the timing of leave.

6.9.2
The Employee’s wishes concerning the timing of leave wil  be met as far as possible, subject
to the Employer’s need to meet the operational requirements of the University, and fairness
in relation to other Employees.

6.9.3
The Employee may be required to take or to anticipate annual leave during the Christmas
periods when the operations or part of the operations of the University are suspended.

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6.9.4
In the event that no agreement is reached on timing of leave, the Employer may, with 14 days’
notice, direct the Employee to take leave at a time convenient to the Employer.

6.9.5
The  Employer  and the Employee  may agree to vary the leave timetable as original y
submitted.

6.10  Leave Carried Forward

6.10.1  With the prior written agreement of the Employer up to 10 days of leave may be carried over
to a subsequent leave year.

6.10.2  Agreement to exceed this wil  only be granted in exceptional circumstances.

6.10.3  Part-time Employees shall only be permitted to carry over the prorated equivalent of leave.
(That is, a part-time Employee who for example, works three days per week shall only be
permitted to carry over six days.)

6.11  Anticipated Leave

With the prior written agreement of the Employer an Employee may anticipate annual leave.
Provided that should an Employee have a negative leave balance at the date of termination
the cash value of that negative balance shal  be deducted from the final pay and, where the
nett value of the Employee’s final pay is inadequate to compensate the Employer fully for the
cash value of the negative balance, such shortfal  shal  become a debt recoverable from the
Employee.

6.12  Unused Leave at Termination

  Where an Employee resigns or their employment terminates during the course of the year any
leave remaining untaken for that year, and/or for which there exists written agreement for it to
be carried forward, may be taken as paid termination leave, or taken as salary in lieu of leave.

6.13  Sick Leave

6.13.1  Subject to Clauses 6.13.2 and 6.13.3 below, an Employee who is absent from duty on account
of sickness or injury of themselves, their spouse or partner, or a person who depends on the
employee for care, where compensation is not being paid in terms of the Accident
Compensation Act 2001 and subsequent amendments shall be entitled to leave on full pay as
prescribed in Clauses 6.13.10 below.

6.13.2  Subject to the provisions of Clause 6.13.3 below, each period of absence on sick leave shal
begin on the first working day of the Employee’s absence from duty and shall end on the last
working day before that on which duty is resumed and the sick leave for the period shall be
reckoned in consecutive days, but excluding public holidays or substituted succeeding days,
where applicable, which may fall during the period.

6.13.3  Where an Employee is absent on sick leave for less than one ful  working day, the Employee
shall be deemed to have taken one half day’s sick leave if absent for either the morning or the
afternoon, or after working at least two hours and less than six hours. The Employee shal  be
deemed to have taken one day’s sick leave if absent for more than six hours during the day.

6.13.4  Subject to the provisions of Clause 6.13.5 below, where for reasons of sickness an Employee
cannot attend at the place of employment at the time appointed, that Employee  must
endeavour to send notice of absence to their supervisor within 30 minutes of normal starting
time, or when flexible working hours apply, before 9.30 am. Where absence on sick leave,
whether with our without pay, extends beyond five consecutive days, the Employee  must
produce to the Employer a medical certificate stating the probable period of absence. The
certificate is to be signed by a registered medical or dental practitioner.

6.13.5  In discharging its responsibilities under health and safety legislation, the Employer  may
request an Employee to undergo a medical assessment to determine whether the Employee
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is fit to return to work. Where an Employee agrees to such an assessment it wil  be at the
Employer’s expense.

6.13.6  Where an Employee absent on sick leave is suspected of being absent from duty without
sufficient cause, the Employer  may at any time and at the Employer’s own expense, if
warranted, require the Employee to submit to medical examination by a medical practitioner
nominated by the Employer.

6.13.7  Sick leave with pay is not to be granted if the sickness or il  health has been caused by the
Employee’s own misconduct. To satisfy itself on that point the Employer may arrange for an
examination by a medical practitioner to be undertaken at the Employee’s residence. Any fee
is payable by the Employer and may be recovered from the Employee if the report is not
favourable.

6.13.8  Where an Employee is incapacitated by sickness or accident arising out of and in the course
of employment the provisions of the Accident Compensation Act 2001 and subsequent
amendments wil  apply. Any period for which the Employee is receiving full salary in terms of
this Act shall not be debited against sick leave entitlements prescribed Clause 6.13.10 below.

6.13.9  Whether or not sick leave entitlement has been exhausted, an Employee may elect to have
all or part of an absence on account of sickness debited against annual leave entitlement
under Clause 6.8 above.

Group 1
6.13.10  (a) Al  new Employees appointed by AUT on or after 1 April 2009 wil  be entitled to 10 days
sick leave with pay on appointment. Such entitlement to be given and taken from part-time
employees as if they were full time.

(b) New employees wil  be allocated a further ten days paid sick leave every year thereafter
to a maximum of 365 days, less the total amount of sick leave with pay that the Employee has
already taken during their service.

(c) In exceptional circumstances new employees in the first three years of employment at AUT
may apply to use, in advance, up to 30 days sick leave, provided that at least five (5) days
sick leave is retained for each year of service for which sick leave in advance has been
granted.

(d) Employees appointed to AUT before 1 April 2009 retain their accrued days and commence
accruing ten days of paid sick leave per year from their next anniversary, accruing to a
maximum of 365 days, less the total amount of sick leave with pay that the Employee has
already taken during their service,

(e) In exceptional circumstances employees may apply to use, in advance, sick leave
becoming due, provided that at least five (5) paid days sick leave is retained for each year of
service for which sick leave in advance is granted. In doing so the Employer may require
annual leave to be used in full or in part, prior to the commencement of such additional sick
leave.

(f) Approval to use entitlements in advance is subject to the employee agreeing to refund sick
leave taken in advance should the employee resign before the next entitlement falls due.

Groups 2 & 3
6.13.11  (a) Shal  be entitled to 10 days sick leave with pay on appointment. Such entitlement to be
given and taken from part-time employees as if they were ful  time.

(b) Wil  be allocated a further ten days paid sick leave every year thereafter to a maximum of
60 days.

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6.14  Bereavement/Tangihanga Leave for Death in New Zealand or Overseas

6.14.1  An Employee wil  be granted leave on full pay to discharge obligations and/or pay respects to
a deceased person with whom they haves had a close association. If a bereavement occurs
while an Employee is absent on paid leave the leave may be interrupted and bereavement
leave granted. This provision wil  not apply if the Employee is on leave without pay.

6.14.2  In granting time off, the Employer, must administer these provisions in a culturally sensitive
manner, taking into account the following points:

(a)  The closeness of the association between the Employee and the deceased (Note: This
association need not be a blood relationship).

(b)  Whether the Employee  has to take significant responsibility for any or all of the
arrangements to do with the ceremonies resulting from the death.

(c)
The amount of time needed to discharge properly any responsibilities or obligations.

(d)  Reasonable travelling time should be allowed, but for cases involving overseas travel
that may not be the ful  period of travel.

6.14.3  A decision on a bereavement leave application wil  be made as quickly as possible. Approval
may be given retrospectively where the circumstances reasonably prevent prior application.
If paid special leave is not appropriate then annual leave or leave without pay wil  be granted,
but as a last resort.

6.15  Parental Leave

6.15.1   Subject to the enhanced conditions in this employment agreement, the provisions and
eligibility criteria of the Parental Leave and Employment Protection Act 1987 and the Parental
Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 shall apply to
all Employees.

6.15.2  Eligibility
(a)  Parental Leave may be taken by either an employee fol owing the birth of a child or legal
adoption of a child under five years or adoption of a child under 5 years by Whangaai
placement, who either assumes primary or joint care of the child and who has been
employed for at least an average of 10 hours each week for at least six months (including
at least one hour per week or 40 hours per month). The entitlement is up to six months’
combined  maternity/parental and extended leave without pay provided the requisite
criteria are met

(b)  Parental leave may be taken by either an employee following the birth of a child or legal
adoption of a child under five years or adoption of a child under five years by Whangaai
placement, who assumes primary care of the child and who has been employed for at
least an average of 10 hours each week for at least 12 months (including at least one
hour per week or 40 hours per month).  The entitlement is up to 12 months combined
maternity/parental and extended leave without pay provided the requisite criteria are met.

(c)   Notwithstanding the leave entitlements set out above, where an Employee and that
Employee’s partner are both employed by AUT and entitled to parental leave the
combined total of maternity, parental and extended leave taken is not to exceed twelve
months.

6.15.3    Notification and documentation

(a)   Employees intending to take parental leave are required to give at least three months’
notice in writing and the application is to be accompanied by a certificate signed by an
appropriate health professional certifying the date of delivery. When less than three
months’ notice is given, approval wil  not be unreasonably withheld.

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(b)   A spouse / partner or de facto partner, including same sex partner applying for parental
leave under clause 6.16.2 (a) is additionally required to provide a written assurance from
the mother or primary care-giver that their partner intends to jointly assume care of the
child.

(c)   In accordance with legislation, a spouse /partner or de facto partner, including same sex
partner applying for parental leave under clause 6.16.2 (b)  is additionally required to
provide a written assurance from the mother or primary care-giver  that their partner
intends to assume primary care of the child.

(d)   Except a pregnant woman may commence parental leave sooner than expected at any
time during pregnancy, subject to the Employee giving the Employer one month’s notice
in writing supported by documentation from an appropriate health professional. A shorter
period of notice wil  be accepted on the recommendation of a medical professional.

(e)   An Employee intending to either legal y adopt a child, or a Maori Employee intending to
adopt a child by whangaai placement, is entitled to parental leave provided that the
requisite criteria are met. In the case of adoption, evidence of an official adoption or
whangaai placement must be provided, but the requirement of one month’s written notice
does not apply.

(f)   Subject to meeting the qualifying criteria in the preceding Clauses, parental leave may
be granted for each birth, qualifying adoption or whangaai placement that occurs while
an Employee is employed at Auckland University of Technology.

6.15.4  Sick Leave during pregnancy

Periods of il ness due to pregnancy, prior to maternity/parental leave commencing, may be
charged against the Employee’s sick leave entitlement. Parental leave is not to be granted as
sick leave, with or without pay.

6.15.5
Paid Parental Leave

(a)  An employee entitled to take parental leave wil  receive up to nine weeks paid leave at the
rate of the Employee’s full base salary at the effective date that they  commenced leave.
The entitlement to nine weeks paid parental leave is separate from any legislated
entitlement.

(b)  Paid Parental Leave is to be taken in one period at the time of eligibility.

(c)  Where an employee and that Employee’s partner are both employed at AUT and entitled
to the nine weeks paid parental leave, the entitlement to nine weeks paid parental leave
wil  only apply to one partner. The Employees concerned are to decide between them who
is to receive the nine weeks paid parental leave and inform the Employer.

6.15.6  Return to Work

(a)  An Employee must give the Employer at least 21 days’ written notice of intention to return
to work before parental leave expires. Where an Employee suffers a miscarriage or
stil birth, or the infant dies within a parental leave or an adoption becomes null and void,
a request to return early to work shall be granted.

(b)   Should an Employee wish to return to work early for other personal reasons, agreement
shall not be unreasonably withheld and, in such cases, a minimum of 21 days’ written
notice of the request to return to work early wil  be given.

(c)   An Employee returning from a period of parental leave is entitled to resume work in the
same or similar position to that occupied at the time of commencing parental leave. That
is, a position at the equivalent salary and grading involving responsibilities comparable
to those of the  previous position, and in the same location or other location within
reasonable commuting distance.

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(d)   Where an Employee returning from parental leave wishes to negotiate reduced hours for
a specific period of time, approval shall not be unreasonably withheld by the Employer.

6.15.7
Continuity of Service and Service Based Entitlements

(a) During periods of unpaid parental leave, the Employee’s service, for the purpose of any
rights or benefits that are conditional on unbroken service, shall not be broken.

(b)  In accordance with the Holidays Act 2003 (amended October 2004), although annual
leave continues to accrue throughout periods of unpaid parental leave, payment for that
annual leave is equivalent to the Employee’s average  weekly  earnings over the past
twelve months.

  (c)   Annual leave already accrued wil  not be required to be taken before the Employee
commences parental leave, but may be held over and taken when the Employee returns
to work at the rate at which it was accrued prior to the leave having been taken.

6.16  Miscel aneous Leave Provisions

6.16.1  Special leave of absence with or without pay may be granted to an Employee  at the
Employer’s discretion. Requests for leave without pay, other than for il ness or injury, wil  be
considered, after taking into account operational requirements of the department. Leave wil
not be unreasonably withheld in the following circumstances:

(a)  Cultural, community and sporting activities, involving national or provincial
representation

(b)  Educational activities pertaining to an Employee’s work noting that:

(i)
For recognised travel ing awards, scholarships and fel owships, leave with pay
wil  normal y be approved.

(ii)
Examination leave wil  be on ful  pay.

(c)
Upgrading qualifications at the request of the Employer.

(d)  Extenuating family reasons.

(e)  Involvement in recognised civil defence and search and rescue activities.

(f)
Attendance at meetings of recognised local authorities as a member.

(g)  Attendance, as a duly appointed representative of the union, at meetings of TIASA or
TEU.

(h)  Attendance at approved union education courses.

(i)
Or any other special situations of a similar nature to those situations listed above.
(ii)

(j)
Paid leave of up to 10 days per annum wil  be granted to:-

a)  An employee who experiences domestic violence
b)  An employee who supports a person experiencing domestic violence, unless the
employee is the perpetrator.  Wherever possible, application for leave should be
made prior to the leave being taken.  A form of proof acceptable to the employer
may be required.

  When leave without pay is approved, all outstanding leave must be used before the period of
leave without pay commences. For purposes of continuous service (and associated benefits),
periods of leave without pay wil  not accrue service.

6.16.2  Leave for approved Statutory Authorities
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The  Employer  wil  grant leave on ful  pay to an Employee who is required to attend as a
member of, or in a formal capacity at, any of the fol owing statutory authorities with the proviso
that any fees due to the Employee from the authority wil  be paid to the University.

(a)  a university council

(b)  a college of education council

(c)
a polytechnic council

(d)  NZ Qualifications Authority

(e)  disputes and grievance committees established under Part 12 of this Agreement or any
other bodies replacing them in function.

(f)
hearings of the Employment Court or anybody established to replace the Employment
Court.

(g)  Committee on University Academic Programmes (CUAP)

The period with pay is for the time necessary to travel to, attend and return from the meeting.

6.16.3  Jury Service

(a)
The Employee wil  inform the Employer immediately upon receipt of a Jury Summons.
Where an Employee is summoned to attend jury service, they wil  be entitled to special
leave with pay. The employee must return to work if or when discharged from, or not
required for Jury Service.

(b)
The Employee shal  supply to the Employer full details of any payments received and
shall pay all fees received to the Employer (normally via a deduction from the
Employee’s pay as full salary payments wil  be continued whilst the Employee has been
on jury service). The employee may retain any reimbursement of expenses such as
travel.

6.17  Long Service Leave

6.17.1  An Employee shall on the completion of 15 years continuous service be granted four weeks
paid long service leave at ordinary rates.

6.17.2  After 20 years continuous service an Employee wil  receive an additional one week long
service leave.

6.17.3  Long service leave wil  usually be taken in one block and within one year of entitlement unless
in exceptional circumstances approval to carry it forward to the second year following
entitlement is granted by the Employer. Long service leave not taken within the time shal  be
paid out as taxable earnings at the rate applicable at the time the Employee became entitled
to it.

6.17.4  Should an Employee die after qualifying for long service leave but before the leave is taken
or paid out, the value of it shall be paid to the Employee’s estate in accordance with the
provisions of Clause 6.18.3 above.

6.18  Retiring Leave

6.18.1  Retiring leave is a benefit available only to those AUT Employees who were Employees of
Auckland University of Technology as at 16 September 1998 and who have had continuous
service from that date.

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6.18.2 Eligibility and entitlements to retiring leave for qualifying Employees are set out in Schedule
B to this Agreement.

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PART 7: PROFESSIONAL DEVELOPMENT

7.1  Reciprocal Commitment

Employees  have an obligation to maintain and enhance their capabilities for their current
position and to develop themselves for future positions; and the Employer has a responsibility
to ensure that Employees  receive timely and appropriate opportunities for professional
development.

7.2  Support for Professional Development – Time

7.2.1
Permanent Employees wil  be al ocated 5 duty days for professional development activities in
each leave year for which they are employed, reduced on a pro rata basis for proportional
Employees and for periods of employment of less than a ful  leave year, subject to:

  (a)
The  Employee  having submitted a written professional development plan to the
Employer. Such plan may be revised in the course of the year.

  (b)
The  Employer  having agreed to the plan; such approval not being unreasonably
withheld.

  (c)
Reasonable notice being given of the proposed activities.

  (d)
Timing of the activities being set with due regard for the University’s operational
requirements.

7.2.2
Professional development activities are deemed to include those personal, professional and
career development activities which reasonably may be construed as work related i.e. of
immediate or likely future benefit to the Employer.

7.2.3
Professional development time may by agreement between the Employer and the Employee
be carried over to a future year to support planned development activities. Such agreement
must be recorded in writing in the Employee’s annual development plan.

7.2.4
The  Employer  may agree to professional development time in excess of 5 duty  days for
development activities which have particular benefit for the University.

7.2.5
Subject to 7.2.3 above, professional development time unused at the end of the leave year
shall be forfeit.

7.3  Support for Professional Development - Financial

7.3.1
Employees who qualify for professional development time shall be entitled to a minimum of
$1,000 per annum with effect from 1 January 2016 (pro rata for proportional Employees and
for periods of employment of less than a full leave year) for the purposes of reimbursement of
the actual and reasonable expenses associated with approved professional development
activities.

7.3.2
The Employee may carry over all or part of the financial entitlement to support future agreed
development activity provided that such carry over shall be recorded following standard
University procedures. Unused financial entitlement for which there is no written record to
carry over shall be forfeit.

Refer to the “Staff Development Policy” for further guidance on the procedures applicable.

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PART 8: ALLOWANCES AND EXPENSES

8.1  Employment Related Expenses

  The Employer wil  make reimbursement to Employees so that they do not incur personal costs
as a result of requirements of the Employer. Reimbursement wil  be according to:
  (a)  the following provisions for reimbursements, alowances and expenses, or
  (b)  the policies, procedures and practices the Employer establishes for any matters not
specifical y covered by the provisions of this Agreement.

8.2  Travel ing Expenses

An Employee required to travel within New Zealand on official business wil  be paid a travelling
allowance as fol ows:

(a)  approved actual and reasonable accommodation costs, or an allowance of  $50.08 with
effect 12 January 2023 per night when staying privately, and
  (b)  actual and reasonable travel costs, and
  (c)  actual and reasonable meal costs up to $90.31with effect 12 January 2023 for each
completed 24 hour period, and
  (d)  an incidental allowance of $11.63 with effect 12 January 2023 for each 24 hour period
or part thereof,
  (e)  in addition, when away from home on official business an Employee with dependents
is entitled to one visit home per month at the Employer’s expense.
  Where appropriate the Employee wil provide proof of payment.

8.3  Meal Al owance

Group 1
8.3.1
An Employee who has been directed to work no less than two hours overtime after a break of
at least half an hour and who has had to buy a meal which would not otherwise have been
bought, shal  be paid a meal al owance at the rate of $20.03 with effect 12 January 2023 per
instance.

Group 2
8.3.2
An Employee who has been directed to work no less than two hours after a break of at least
half an hour and subsequent to their rostered shift, shall be provided with an appropriate meal.

8.4  Tea Provision

The  Employer  wil  be responsible  for the cost of providing tea, coffee, milk and sugar for
morning, midday and afternoon and evening rest breaks.

8.5  Motor Vehicle Al owance

When required to use their own vehicle for official business, employees wil  be entitled to claim
a motor vehicle allowance.  This allowance wil  be set annually by AUT on 1 November each
year and wil  align with the prescribed IRD rate and conditions at the time of the review.

8.6  Removal Expenses

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8.6.1
Where an Employee is transferred to meet the convenience of the Employer, they shall be
paid removal and transfer expenses, including those of any dependent family.

8.6.2
Removal expenses may be paid in circumstances other than those outlined above at the
discretion of the Employer.

8.7  Compassionate Grant on Death of Employee

8.7.1
Upon the death of a tenured Employee, the Employer may pay to the next of kin an amount
as follows:

(a)  for an Employee with 10 years’ and under 20 years’ service, one-twelfth of the annual
salary;

(b)  for an Employee with 20 years’ service or more, one-eighth of the annual salary.

8.7.2
For the purpose of this Clause, the term ‘next of kin’ means:

  (a)  the spouse or partner of the deceased Employee if the deceased Employee was the
prime income earner of the household/family, or;

  (b)  any dependent relative of the deceased Employee.

8.8  Reimbursements

8.8.1
Reimbursements wil  be made in full upon application to the Employer  according to the
following provisions.

(a)  Subscriptions to professional associations where membership is mandatory.

(b)  The cost of annual practising certificates or registrations, where these are required,
either to undertake the work for which the Employee has been employed, or to maintain
membership of a recognised professional association in terms of sub-Clause (a) of this
Clause.

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PART 9: HEALTH & SAFETY AND WELLBEING


These provisions are to supplement those outlined in the AUT Health and Safety Policy.

9.1  Working Conditions

9.1.1  The parties are committed to ensuring the promotion of a safe and healthy workplace with a high
priority on staff wel ness and the provision of a safe and healthy working environment.

9.1.2  Consistent with this commitment, the parties wil  work together on the development and
enhancement of policies, procedures and programmes including those for:

(a)  Managing stress
(b)  Conflict management and the resolution of disputes
(c)
Employee assistance
(c)
Appropriate work-life balance initiatives

and wil  fully discharge their respective obligations under the Health and Safety at Work Act 2015
(including regulations and amendments).

9.2  Employer Obligations

9.2.1  The Employer wil  ensure that Employees:
(a)  Have reasonable opportunities to participate in the development of health and safety policy
and procedures,
(b)  Have information on workplace hazards and control measures in place and/or available,
(c)
Wil  be trained in the job in the safest way and on the appropriate use of all protective
equipment and devices,
  (d)  Are aware of emergency and evacuation procedures,
(e)  Who experience injury or il ness wil  have appropriate rehabilitative support,
(f)
Are not required to perform tasks that are likely to cause serious harm.

9.2.2  The Employer will:
(a)  Record and investigate and take appropriate corrective action following the reporting of
injuries and il nesses or the identification of hazards.
(b)  Initiate periodic review of health and safety management systems and procedures and wil
involve Employees in these reviews.

9.3  Employee Obligations

9.3.1  Employees will:
(a)  Report hazards, to identify and suggest control measures and to take reasonable steps to
remove or minimise harm pending Employer remedial action,
(b)  Report in a timely manner all workplace injuries and work related il nesses,
(c)  Follow instructions on the use of protective equipment and devices,
(d)  Contribute to and follow emergency and evacuation procedures and to inform visitors of these
procedures,
(e)  Attend health and safety training on injury/il ness prevention related to their tasks/work
environment,
(f)  Participate in periodic reviews of health and safety management systems,
(g)  Report near misses and early notice of pain that could result in injury or il ness in the future,
or given a different set of circumstances.
(h)  Take responsibility for their rehabilitation for work and non-work injury and il ness.
9.4  Specific Provisions for Employee Protection

9.4.1  The Employer wil  provide at the Employer’s cost as fol ows:
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(a)  Hearing protection as required for Employees working in noisy conditions.

(b)  Eye  protection  where the  Employer  considers that an Employee  is working in an “eye
danger area”. Such eye protection to be;

(i)
Standard safety glasses with neutral lenses, or

(ii)
Specially hardened neutral “clip on” safety glasses to be worn over optical glasses,
where the Employee works only occasional y in an “eye danger area”, or

(iii)  Specially hardened optically correct lenses in a safety frame, fitted by an optometrist,
where the Employee works for substantial periods in an “eye danger area”.

(c)  Protective clothing where the Employer considers the nature of an Employee’s work is
more than normally destructive to clothing. Such clothing wil  be issued on a,

  (i)
Permanent basis, or

(ii)
On a temporary loan, and be laundered at the Employer’s expense.

(d)  Uniforms where the Employer requires uniforms to be worn. Such uniforms will:

(i)
Remain the property of the Employer and

(ii)
Be replaced on a fair wear and tear basis,

(iii)  Be laundered /dry cleaned at the Employers expense.

(e)  Safety footwear where the Employer considers such footwear necessary. The Employer
shall reimburse the Employee for safety footwear purchased.

(f)  Immunisation  at the Employee’s request, against Hepatitis B where an Employee  is at
significant risk of acquiring Hepatitis B because of the nature of their job.

9.5  VDU Operators

9.5.1  A VDU Operator is defined as a staff member who uses a Visual Display Unit for 50% or more of
their working time or for continuous periods of two hours or greater per working day.

9.5.2  VDU Operators should have their eyes tested prior to or soon after commencing employment
and thereafter every two years.

9.5.3  On production of the receipt the Employer wil  reimburse costs up to a maximum of $200 for
prescription spectacles for a VDU operator provided that the need for spectacles for VDU
operation has been endorsed by an optometrist and a copy is provided of the visual examination
form prescribed by the NZ Optometrist Association.

Refer to the “Health and Safety Policy” for details of Employer and Employee obligations.
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PART 10: ORGANISATIONAL CHANGE

10.1
Consultation

10.1.1  The Employer recognises the potential impact of significant organisational change in the work
lives of Employees and seeks to minimise any negative effect of change through appropriate
processes of consultation.

Accordingly, the Employer wil  notify in writing the National Secretary of TIASA and/or TEU,
the Chair of the local branch of TIASA and/or TEU and affected Employees of any reviews,
including mergers and amalgamations.

10.1.2  The National Secretary of TIASA and/or TEU, the Chair of the local branch of TIASA and/or
TEU and affected Employees wil  be notified in writing by the Employer of any reviews of the
University’s organisational structure or function, which may result in significant changes to
either the structure, staffing or work practices affecting existing Employees.

10.1.3  A minimum of one month wil  be provided to allow TIASA and/or TEU and affected Employees
to make submissions which wil  be considered by the Employer before making a final decision.
The parties may agree to a lesser period.

10.1.4  The Employer wil  provide the union(s) with an opportunity to be involved in any review.

10.1.5  The  Employer  wil  take al  practicable steps to provide relevant information requested by
TIASA and/or TEU.

10.2  Application

These provisions apply to Employees who have an ongoing expectation of employment. They
wil  not apply to Employees who have reached the expiry of a fixed term appointment or to
casual Employees.

10.3  Surplus Staffing

10.3.1  A surplus staffing situation exists when as a result of reduction in funding, course demands,
organisational changes or other identified factors the Employer requires a reduction in the
number of Employees.

10.3.2  Identification of Surplus Staffing

(a)  In the event that a review of the University’s organisational structure or function,
following consultation as provided for in Clause  10.1.3, results in a surplus staffing
situation, the Employer  shall advise in writing individual Employees  who might be
affected and shall also advise such Employees of their right to assistance from TIASA
and/or TEU.

(b)  The process and/or criteria for determining the specific positions which are to be
declared surplus to requirements shal  be determined by the Employer  following
consultation with TIASA and/or TEU.

10.3.3  Notification

Once specific positions have been identified as surplus to requirement:

(a)  If there is only one position affecting only one Employee or in respect of staff for whom
severance is not voluntary, the Employer shall advise the National Secretary of TIASA
and/or TEU, the Chair of the AUT Branch of TIASA and/or TEU and the Employee(s)
affected not less than two months prior to the date by which the Employee is to be
discharged. This date may be varied by agreement between the Employer  and the
Employee.

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(b)  If there is more than one position and more than one Employee  per position is
potentially affected, the Employer shal  cal  for voluntary severance from the Employees
potentially affected. The Employer shall determine which, if any, of those Employees
who request voluntary severance shal  be granted voluntary severance, having due
regard to retaining a viable skil  and experience base within the reduced workforce. Any
Employee who is granted voluntary severance shall receive two months’ notice prior to
the date of discharge. This date may be varied by agreement between the Employer
and the Employee.

10.4  Options

The aim wil  be to minimise the use of severance.

10.4.1  The fol owing are the options to be applied in surplus staffing situations:

(a)  Voluntary severance as provided for in Clause 10.3.3 above

(b)  Attrition

(c)
Redeployment

(d)  Retraining

(e)  Severance

Where the other options are inappropriate to discharge the surplus the option of severance
wil  be made available.

10.4.2  Employees who offered a position within the University which is directly comparable to their
existing positions, which does not require a change in residential location, and who decline
appointment wil  not have access to severance. The above options wil  continue to be
available to Employees declared surplus until the Employee’s last date of employment.

10.5  Conditions

10.5.1  Attrition

Due to the normal process of staff turnover the number of Employees is al owed to decrease
by not replacing Employees as they leave.

10.5.2  Redeployment

Employees may be redeployed to a new position within the University consistent with and
appropriate to their skil s and experience at the same or lower salary, subject to the following
conditions:

(a)  Where the new job position is at a lower salary, an allowance wil  be paid to preserve
the salary at the rate paid immediately prior to redeployment.

This allowance can be paid in the following ways:

(i)
a lump sum to make up for the loss of basic pay for the next two years (this is
not abated by any subsequent salary increases); or

(ii)
an ongoing allowance for two years equivalent to the difference between the
present salary and the new salary (this is abated by any subsequent salary
increases).

(b)  Where the new job is at a location outside the local area, the Employee will be entitled
to relocation expenses as set out in Clause 8.6 of this Agreement.

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10.5.3  Retraining

The Employer may, following application from the Employee, offer the option of retraining with
financial assistance. The total cost to the Employer, including any salary and training costs
wil  not exceed 110% of the value of the severance payment the Employee would be entitled
to. Where the Employee receives a severance payment any training allowance additional to
this payment shal  be by way of reimbursement of the costs of personal skil s development up
to 10% of the amount of the severance payment.

10.5.4  Severance

(a)  For the purposes of these provisions, salary is defined as taxable salary, exclusive of
allowances.

(b)  “Service” for the purposes of this subclause is as defined in Part 2; except that for staff
employed by the Auckland Institute of Technology prior to 01 April 1988, service also
includes other relevant Government service.

(c)
Al  service recognised under 10.5.4(b) excludes service which has been taken into
account for the purposes of calculating any entitlement to a redundancy / severance /
early retirement or similar payment from any of the above services or from any
university Employer.

(d)  “Continuous service” for the purposes of (b) above includes all periods of paid leave
and maternity/paternity leave and is not broken by, but does not include periods of
approved leave without pay and breaks of not more than three months between periods
of employment within the University service, or one month within other service(s)
approved under (b) above.

(e)  In any instance where an Employee  has received a benefit for severance or early
retirement from a previous Employer where such employment would otherwise qualify
for “service” under Clause 2.17 above, such employment which has been taken account
of in calculating the benefit shall not be credited for “service” in any of the provisions of
this Clause.

(f)
Payment wil  be made in accordance with the following:

(i)
Where termination is immediate or less than two months’ written notice is given
by the Employer, 16 percent of salary for the preceding 12 months or the
appropriate proportion of this amount wil  be payable in lieu of notice not given,
regardless of length of service;

(ii)
12 percent of salary for the preceding 12 months, or part thereof for Employees
with less than 12 months service; and

(iii)  4 percent of salary for the preceding 12 months multiplied by the number of years
of service minus one, up to a maximum of 19; and

(iv)  where the period of total aggregated service is less than 20 years, 0.333 percent
of salary for the preceding 12 months multiplied by the number of completed
months in addition to completed years of service.

(g)  An Employee who through agreement has temporarily reduced their hours, or is on a
period of unpaid leave, shal  have their payment calculated for the 12 months’ service,
at the salary of their substantive position.

(h)  Notwithstanding  Clause  3.2 when an Employee  is employed on a fixed term
appointment and the position is declared surplus during the term of the appointment,
the Employee will be paid out the remainder of their fixed term agreement.

(i)
Outstanding annual and discretionary leave wil  be cashed up separately.

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10.6  Employee Protection Provision
10.6.1  Introduction

In any case of restructuring, as defined in the Employment Relations Amendment Act (No.2)
2004, where it is proposed that the business (or part of it) is to be sold or contracted out, the
Employer will notify TIASA and/or TEU and the affected employee(s) that restructuring is a
possibility, as soon as is practicable, subject to the requirements to protect commercial y
sensitive information.

10.6.2  Definitions

For the purposes of these provisions “affected employee”, “restructuring” and “new employer”
shall have the same meaning as in the Employment Relations Amendment Act (No.2) 2004.
“Employer” shal  mean the original employer party to thIS col ective agreement.
10.6.3  Consultation

These employee protection provisions are to be read in conjunction with the surplus staffing
consultation and restructuring provisions in this Agreement that appear in Section 10
“Organisational Change”.  When consulting, the employer wil  provide TIASA and/or TEU with
relevant information about the restructuring proposal and details of how and when it is likely
to impact on the affected identified employees.
10.6.4  Terms of Employment

In the course of negotiating a sale or purchase agreement or a contract for services, the
Employer wil  endeavour to obtain employment for affected employees and wil  raise in
discussions with the New Employer the fol owing matters:

(a)  whether or not the New Employer wil  make offers of employment to the Employer’s
Employees and if so, whether Employees wil  be offered employment in the same
capacity;
  (b)  whether the conditions of employment offered wil be the same or no less favourable
than the Employee’s conditions of employment; and
  (c)  whether service with the Employer wil be treated as continuous service with the New
Employer

10.6.5  New Employment Opportunities

The  employer wil  subsequently advise TIASA  and/or  TEU  and affected employees as to
whether employment opportunities exist with the new employer and, if so, the nature of those
opportunities.  The employer wil  also advise employees and explain the implications of their
right to accept or decline to transfer to the new employer.
10.6.6  Implications for redundancy compensation of election to transfer

Those employees who elect to transfer to the new employer on the same terms and conditions,
and performing the same duties, with full recognition of service-related entitlements as above,
shall not be entitled to redundancy compensation from the employer because of the transfer.

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10.7  Rights of Employees Declared Surplus

10.7.1  Time off to Attend Interviews

Employees  wil  have reasonable time off to attend interviews for alternative employment,
subject to the operational requirements of the University.

10.7.2  References

The Employer wil  supply al  surplus Employees a letter of reference.

10.7.3  Counsel ing

Counsel ing for affected Employees and family may be made available as necessary.

10.7.4  Employees on Leave

An Employee who is declared surplus and who is on parental leave, absence due to extended
il ness, accident compensation, approved special leave without pay or secondment wil  be
covered by the surplus staffing provisions of this Agreement.

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PART 11: UNION MATTERS

11.1  Branch Chair Al owance

11.1.1  The Employer wil  recognise the TIASA and TEU Branch Chairs as the Union representatives
on site. Notice of the appointment of the Chairs wil  be given in writing to the Employer.

11.1.2  TIASA and the Employer have agreed that on an annual basis a 0.5 FTE time allocation wil
be made to the person holding the AUT Branch Chair, in order to carry out Union business
relating to members.  TEU members wil  be covered by the Branch Chair allocation in the
Academic and Associated Staff Members’ Col ective clause 11.5.

11.2  Right of Access

11.2.1  Subject to the Employment Relations Act 2000, the National Secretary or other authorised
officer of TIASA and/or TEU shall, with the consent of the Employer (which consent shal  not
be unreasonably withheld), be entitled to enter at al  reasonable times upon the premises for
the  purpose of interviewing any workers represented by the Union, or enforcing this
Agreement, including access to wages, holiday and time records, provided this does not
interfere with class programmes/session times.

11.3  Stopwork Meetings

11.3.1  Subject to Clauses 11.3.2 - 11.3.5 below, the Employer shall al ow every Employee who is
covered by this Agreement who is a member of a union to attend on ordinary pay up to two
meetings (each of a maximum two hours duration) with TIASA or TEU in each year.

11.3.2  The Union shal  give the Employer at least 14 days’ notice of the date and time of any meeting
to which Clause 11.3.1 applies.

11.3.3  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 Union members to remain available during the
meeting to enable the Employer’s operation to continue.

11.3.4  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.

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

11.4  Union Fee Deduction

11.4.1  The manner of deduction and the remittance of subscriptions and any commission payable
shall be determined by agreement with the National Secretary of the Union.

11.4.2  The Employer, when requested in writing by the Union, shall, within one month of receipt of
such request, supply to the Union a list of al ied staff.

11.4.3  Such requests shal  not be made to the Employer at intervals of less than six months.

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PART 12: RESOLVING EMPLOYMENT RELATIONSHIP PROBLEMS

12.1  Employment Relationship Problems

12.1.1  Employment relationship problems include personal grievances (i.e. claims of unjustifiable
dismissal, unjustifiable disadvantage, discrimination, sexual or racial harassment or duress in
relationship to membership of a union or Employee  organisation), disputes about the
interpretation, application or operation of an employment agreement, and any other problem
arising out of the employment relationship between an Employee and the Employer not being
a problem relating to the fixing of new terms and conditions of employment.

12.1.2  An Employee who believes that they have  an employment relationship problem should, with
the assistance of TIASA or TEU if they so choose, raise the problem with their manager, that
manager’s manager or People & Culture.

12.1.3  Both the Employees  and  Employer  should try to resolve the matter in an interest-based
manner and, if suitable, use the University’s Early Resolution Programme in an attempt to
reach resolution.

Refer to “Employee Early Resolution” policy for details about mediation provided by the

University.

12.2  Personal Grievances

12.2.1  An Employee who believes they have a personal grievance must raise the matter with the
Employer  within 90 days of the grievance occurring or coming to the Employee’s notice,
whichever is the latter. A written submission is strongly encouraged.

12.2.2  The Employer wil  attempt to resolve the matter in the same way as provided for in Clause
12.1.3.

12.2.3  If resolution is not achieved through discussion, either the Employee or the Employer, or both
parties jointly, may apply for mediation assistance from the Ministry of Business, innovation
and Employment MBIE.

12.2.4  If resolution is not achieved through mediation at MBIE, the Employee  may apply to the
Employment Relations Authority for investigation and determination.

12.2.4  In certain circumstances the decision of the Employment Relations Authority may be appealed
by the Employee or the Employer to the Employment Court.

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PART 13: SAVINGS CLAUSE

Nothing in this Agreement shall operate so as to reduce the wages and conditions of employment of
any worker employed under this Agreement.

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PART 14: ATTESTATION
This Agreement was signed by the parties as follows:
26 May 2023
(Signed)
Professor Damon Salesa
Vice Chancellor, Auckland University of Technology
For and on behalf of the Auckland University of Technology
19 May 2023
(Signed)
Peter Joseph
Chief Executive, Tertiary Institutes Al ied Staff Association
For and on behalf of the Tertiary Institutes Al ied Staff Association
15 May 2023
(Signed)
Irena Brorens
Assistant National Secretary – Industrial, Tertiary Education Union
For and on behalf of the Tertiary Education Union
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SCHEDULE A

Group 1 Salaries

A $3,000 increase is to be applied to each step on the salary scale effective 11
January 2023.

EXECUTIVE AND CLERICAL PAY SCALES

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SCHEDULE B

Retiring and Resigning Leave

1.0  ELIGIBILITY FOR RETIRING LEAVE

1.1  The fol owing shall be entitled to retiring leave:

(a)  Employees employed by the Auckland University of Technology as at 16 September 1998
who have had continuous service, and

(b)  who are Employees who have attained the age at which they are eligible to receive national
superannuation and who have completed at least 10 years’ service; or

(c)
who retire because they are unable to perform their duties as a result of physical or mental
incapacity.

1.2  Retiring leave shall be calculated on a pro-rata basis according to the Employee’s record of
service based on Clause 2.0 of this Schedule.

1.3  Employees entitled to retiring leave on medical grounds shall receive 65 working days where the
length of service does not exceed 25 years, and retiring leave in accordance with Clause 2.0 of
this Schedule otherwise.

1.4  For Employees whose services are dispensed with through no fault of their own, before reaching
retiring age, the Employer wil  consider granting retiring leave in accordance with this Table:

Qualification Required

Retiring Leave

(working days)

Completion of 15 years’ service

65 days

Completion of 10 and under 15 years’ service
44 days

Completion of 5 and 10 years’ service

22 days

1.5  Instead of granting leave as above, an Employer may, on application from the Employee, pay a
lump sum equivalent in value to that leave.

1.6  An  Employee  who has more than 20 years continuous service or is eligible to retire on the
grounds of eligibility for national superannuation, shall be entitled to anticipate retiring leave in
terms of Clause 3.0 of this Schedule.

1.7  On the death of an Employee, the Employer may approve a cash grant in lieu of retiring leave to
the estate of the deceased Employee.

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2.0  RETIRING LEAVE ENTITLEMENT IN WORKING DAYS
  Years of Service      Months of Service

0
2
4
6
8
10
10
22
23
24
24
25
26
11
26
27
28
29
29
30
12
31
31
32
33
34
34
13
35
36
36
37
38
39
14
39
40
41
41
42
43
15
44
44
45
46
46
47
16
48
49
49
50
51
51
17
52
53
54
54
55
56
18
56
57
58
59
59
60
19
61
61
62
63
64
64
20 to 25
65
65
65
65
65
65
25
65
66
66
67
68
69
26
69
70
71
71
72
73
27
74
74
75
76
76
77
28
78
79
79
80
81
81
29
82
83
84
84
85
86
30
86
87
88
89
89
90
31
91
91
92
93
94
94
32
95
96
96
97
98
99
33
99
100
101
101
102
103
34
104
104
105
106
106
107

35
108
109
109
110
111
111
36
112
113
114
114
115
116
37
116
117
118
119
119
120
38
121
121
122
123
124
124
39
125
126
126
127
128
129
40 or more
131
“
“
“
“
“

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3.0  ANTICIPATED RETIREMENT LEAVE ENTITLEMENT IN WORKING DAYS
  Years of Service    Months of Service

0
3
6
9
20
65
66
66
67
21
68
69
69
70
22
71
71
72
73
23
74
74
75
76
24
76
77
78
79
25
79
80
81
81
26
82
83
84
84
27
85
86
86
87
28
88
89
89
90
29
91
91
92
93
30
94
94
95
96
31
96
97
98
99
32
99
100
101
101
33
102
103
104
104
34
105
106
106
107
35
108
109
109
110

36
111
111
112
113
37
114
114
115
116
38
116
117
118
119
39
119
120
121
121
40 or more
122
“
“
“

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SCHEDULE C

Group 2 Salaries

A $3,000 increase is to be applied to each step on the salary scale effective 11 January
2023.
CAFÉ, RESTAURANT AND EVENT WORK PAY SCALES

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Café, Restaurant and Event Work Pay scales

Progression through Steps

Progression to a higher step within the relevant grade is by annual increment on the
anniversary of an appointment to the relevant grade.

Qualification Al owances

Upon provision of industry recognised current certification to People & Culture an additional
amount shall be paid each hour to permanent employees who have the following
qualifications:

First Aid Certification (St Johns or Equivalent)  $0.10/hour

TCB Food Hygiene   $0.15/hour

General Managers Liquor License/LCQ  $0.15/hour

Plus the payment for the highest of the following held by the chef:

TCB 75/1  $0.25/hour

City and Guilds 706/1 or TCB 75/2 $0.30/hour

City and Guilds 706/2 or TCB 75/3 $0.40/hour

HCITB Diploma  $0.50/hour

Non Taxable Travel Al owance

The Employer shall pay $7.00 per day (pro rata for an 8 hour shift worked) to any permanent
employee who is required to commence work before 5.00 am or finish after 12.00 midnight.

It is not intended that negotiated or other increases to rates wil  apply to the Qualification Al owance or
Non Taxable Travel Al owance.

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A $3,000 increase is to be applied to each step on the salary scale effective 11
January



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