Accident Compensation Corporation
and
Public Service Association
Collective Employment Agreement
16 March 2015 – 30 August 2017
link to page 3 link to page 3 link to page 3 link to page 3 link to page 4 link to page 4 link to page 4 link to page 5 link to page 5 link to page 5 link to page 5 link to page 6 link to page 7 link to page 7 link to page 8 link to page 8 link to page 10 link to page 10 link to page 11 link to page 12 link to page 13 link to page 13 link to page 14 link to page 19 link to page 19 link to page 19 link to page 20 link to page 20 link to page 20 link to page 20 link to page 21 link to page 21 link to page 21 link to page 23 link to page 23 link to page 26 link to page 26 link to page 27 link to page 27 link to page 27 link to page 31 link to page 31 link to page 32 link to page 33
PSA ACC Collective Employment Agreement 2015-2017
PART 1 - AGREEMENT ARRANGEMENTS
2
1
Status of Agreement
2
2
Parties to Agreement
2
3
Coverage
2
4
Variation of Agreement
3
5
Term of Agreement
3
6
Application of Previous Agreements
3
7
Grand-parented terms
4
8
Application of Policy
4
PART 2 - STATEMENT OF INTENT
4
9
Statement of Intent
4
10
ACC Vision and Values
5
11
Participation in Management of Change
6
12
Health and Safety
6
PART 3 - GENERAL TERMS AND CONDITIONS
7
13
Hours of Work
7
14
Overtime Rates
9
15
Public Holidays
9
16
Annual Leave
10
17
Long Service Leave
11
18
Bereavement Leave
12
19
Domestic Leave
12
20
Sick or Injury Leave
13
21
Retirement
18
22
Employee Rights
18
23
Conflict of Interests
18
24
Confidentiality
19
25
Period of Notice of Termination
19
26
Access to Agreement
19
27
Higher Duties Allowance
19
28
Reimbursement of Business Expenses
20
PART 4 - PERFORMANCE MANAGEMENT
20
29
Performance Development Cycle
20
PART 5 - REMUNERATION
22
30
Remuneration
22
PART 6 – PROBLEM RESOLUTION PROCEDURES
25
31
Problem Resolution Procedure
25
32
Disputes Procedure
26
PART 7 - REDUNDANCY PROVISIONS
26
33
Redundancy
26
PART 8 - REPRESENTATION
30
34
Recognition of Employees Representatives
30
PART 9 – SIGNATORIES
31
Schedule A – GRAND PARENTED TERMS
32
PSA ACC Collective Agreement 2015-2017
Page
1
1
Status of Agreement
This Agreement is a Collective Employment Agreement made pursuant to the
Employment Relations Act 2000.
2
Parties to Agreement
2.1
This Agreement is made between
THE ACCIDENT COMPENSATION CORPORATION
(referred to as “ACC”)
and THE NEW ZEALAND PUBLIC SERVICE ASSOCIATION (
referred to as “PSA”)
2.2
Additional Parties
Any staff member who works in a position which is covered by this Agreement and is a
member of the PSA may become a party to this Agreement.
ACC will make this Agreement known to any prospective staff member who is within the
coverage clause of this Agreement.
3
Coverage
This agreement covers all permanent and fixed-term PSA members employed in non-
management positions. Non-management positions are defined as all positions in Band
16 and below that do not have direct reports. Positions in the Human Resources
(Talent) function are excluded from this agreement.
For the avoidance of doubt staff employed on a casual basis are not within coverage of
this agreement.
Positions in Band 17 with no direct reports that were under coverage under CEA 2012-
2014 and were held by PSA members on the date of ratification of this Agreement will
remain under coverage for the term of this collective agreement. The position titles are:
Category Manager
Procurement Specialist
Senior Assurance Auditor
Senior Business Analyst
Senior Investigator
Senior Research Advisor
Test Lead
Senior Policy Analyst
Senior Data Warehouse Analyst
PSA ACC Collective Agreement 2015-2017
Page
2
Senior IP Specialist
If ACC is considering changing the position title the parties wil meet to agree on whether
to keep those positions in coverage. If so, a Variation to this agreement will be required.
If you are under Schedule A (and therefore not on an R3 Band) then you remain within
the coverage of the collective agreement unless you elect to transfer to a role which is
not within the coverage clause.
Fixed Term Employees
Al provisions in this Collective Agreement, unless specifically stated, apply to fixed term
employees who are members of the PSA in positions within coverage. ‘Fixed term’
shal
mean a staff member employed on a full-time or part-time basis for a specified finite time
or purpose; or to replace a permanent staff member who is on approved leave; or to
replace a staff member who has been seconded to an alternative position within the
Corporation for a period not exceeding twelve months. The use of fixed term
employment is covered by the Employment Relations Act.
4
Variation of Agreement
4.1
The provisions of this Agreement may only be varied by agreement between the parties
provided that:
The initiator of the proposal notifies the parties, in writing;
The PSA will advise ACC of their ratification procedure if an agreement-in-
principle is reached to vary the Agreement.
Where a proposed change directly effects only a particular group of staff
members, such change wil be ratified in accordance with the ratification
procedure, only by that particular group of staff members;
Where the outcome of the negotiations are agreed in accordance with the
ratification procedure, the variation wil be deemed to be a variation in
accordance with this Agreement;
The actual variation wil be appended to this Agreement
and operate as a term of
this Agreement; and
Nothing in this agreement prevents an employee who is party to this Agreement
agreeing individual terms and conditions of employment with ACC that are not
inconsistent with the wording within this Agreement.
5
Term of Agreement
This Agreement shal come into force on 16 March 2015 and shal expire on 30 August
2017. ACC commits to commence discussion on renewal of this collective Agreement
not less than sixty days prior to the expiry date of this Agreement.
6
Application of Previous Agreements
This Agreement contains enforceable conditions of employment and supersedes all
previous industrial agreements, collective agreements, collective contracts,
PSA ACC Collective Agreement 2015-2017
Page
3
administrative documents, and individual agreements dated prior to this Agreement, and
understandings between ACC and the staff members covered by this agreement.
7
Grand-parented terms
“Grand-Parented terms” shal mean terms and conditions which have been removed
from the employment agreement, but continue to apply to a specific group of PSA
members.
“Schedule A” details grand-parented terms and conditions that apply to a specific group
of PSA members from 15 January 2014. Employees who chose to be bound by these
grand-parented terms are listed in a schedule which has been agreed between the
parties. Where these terms replace the terms of this Agreement this is specifically
stated. They wil continue to be bound by the terms and conditions listed in Schedule A
until such time as they choose to relinquish their Grand-Parented terms.
8
Application of Policy
8.1
“ACC Policy” Shall mean the in house policies published on the ACC Intranet site
which cover employment conditions other than are found in this Collective Employment
Agreement.
References are made in this Agreement to specified policies. ACC has an obligation to
keep you informed of current policies and both you and ACC have an obligation to
ensure you work within these policies. For the avoidance of doubt, the Code of Conduct
is deemed to be a policy.
From time to time these policies may be amended, replaced or renamed to deal with
issues that may arise. Where a policy is altered during the life of this Agreement, the
substituted policy will apply but not so as to vary the terms and conditions in this
agreement. ACC will consult PSA on any proposed policy changes that wil impact PSA
members.
9
Statement of Intent
9.1
The parties undertake to administer this Agreement in accordance with the true intent of
its terms and provisions, and to give each other the fullest co-operation so that
harmonious industrial relations may be maintained.
9.2
The parties agree the objectives of this Agreement are:
To develop and maintain the well-being of ACC and its staff;
PSA ACC Collective Agreement 2015-2017
Page
4
To promote and maintain mutual trust and co-operation between ACC and its staff;
and
To recognise that all staff have a valuable part to play in the success of ACC.
9.3
In order to achieve the above objectives, the parties agree:
To maintain open and direct communication with all staff on matters of mutual
interest and concern, and to ensure that consultation and co-operation are the basis
for relationships between them;
To enable ACC to meet its responsibilities and effectively undertake its functions;
To promote the principle of equal employment opportunities; and
That the strategic direction of ACC will be conveyed to staff on a regular basis.
10
ACC Vision and Values
The Corporation’s vision is to create a unique partnership with every New Zealander,
improving their quality of life by minimising the incidence and impact of injury.
In carrying out their assigned duties and responsibilities, it is expected that ACC staff
members will act, at all times, in a manner which enhances the levels of trust and
confidence of claimants, customers and all other persons in their dealings with the
Corporation.
It is expected that ACC staff members wil deliver a high standard of customer service in
delivering ACC’s range of services to the New Zealand public
The Corporation wil provide:
Leadership by following the ACC values and creating a successful working
environment which fosters integrity, individual responsibility, team work and co-
operation, development and professionalism; and
Training so that staff can accomplish their goals and be committed to achieving the
goals and objectives of the Corporation and implementing its strategies.
ACC’s values are:
People before process
Safe Kiwis
Fair and open
Good partners
Responsible stewards
Our values are a set to be kept in balance, and not traded off against each other.
PSA ACC Collective Agreement 2015-2017
Page
5
You can find further information regarding the vision and values on the ACC Intranet
site.
11
Participation in Management of Change
11.1 ACC and the PSA agree that the process of change is a natural consequence of ACC's
commitment to continuous improvement. Management of change processes can result
in changes to structures, staffing levels or locations, or work practices. In developing and
implementing change management proposals, ACC wil use the current published
change management policy guidelines as a base.
11.2 ACC recognises the importance of participation of the PSA and its members within ACC
to achieve the best outcomes from change processes. ACC also recognises the role of
the PSA in representing staff views during change management processes.
11.3 The PSA recognises the right of ACC to manage, organise and make decisions on the
procedures and policies of ACC.
11.4 Once ACC has developed a change proposal for a change that is likely to result in
changes to structures, staffing levels or locations, or work practices, ACC wil advise the
PSA. ACC wil :
Give PSA a full briefing of the purpose of the review; including background
information of the rationale and considerations behind the view;
Provide PSA time to consult their delegates and members and provide a response;
Meet with PSA, with the objective of reaching agreement;
ACC wil consult with PSA over the change proposal;
Consider the recommendations and take them on board as far as possible in making
decisions.
ACC reserves the right to make the final decisions, as participation does not imply
that the parties must necessarily reach agreement.
12
Health and Safety
12.1 ACC and the PSA agree that you should be adequately protected from any health and
safety hazards arising in the workplace. The promotion of good health and the use of
appropriate safety measures are a major objective for ACC managers and staff at all
levels. ACC operates Health and Safety Committees at the local and national level and
has published policies concerning your health, safety and wellbeing. You are expected
to comply with these policies.
12.2 As part of its Health and Safety policy, ACC is committed ensuring, wherever possible,
staff members' early return to their normal duties utilising a return to work approach.
12.3 Staff ACC claims shal be managed in a manner that protects privacy as far as possible.
PSA ACC Collective Agreement 2015-2017
Page
6
12.4 Al PSA members covered by this Agreement on 15 March 2015 are entitled to receive a
one-off taxable payment of $500 on 8 April 2015. This payment is intended to be used
for reasons relating to your wellbeing.
13
Hours of Work
13.1 The spread of hours in this clause is designed to allow for flexibility in meeting customer
demand and business needs.
The usual hours you are employed to work may be altered from time to time with
agreement from your Manager.
13.2
Clause 13.2 does not apply to employees on grand-parented terms detailed in
Schedule A; an alternative Normal Hours clause is included within that Schedule
which applies to these employees.
Normal Hours
ACC’s normal hours of work for full-time staff are set at 80 hours in any cycle of two
consecutive weeks. These hours are worked between 6.00 am and 10.00 pm. There will
be two breaks of two consecutive days per fortnight unless you agree otherwise.
(Overtime may be agreed to be worked on these two days). Where you agree with your
Manager to different breaks then you must have one block of three days on one
occasion and one day on another in each two consecutive week period.
Your usual hours of work (i.e. your normal start and finish times) are defined in your
Letter of Offer (or subsequent contractual documentation).
In determining your usual hours of work your Manager will take into account the need to
ensure the highest level of customer service delivery and the business needs. Your
usual hours of work will not be changed without mutual agreement or alternatively,
without using the change management processes.
For the avoidance of doubt, flexi-time arrangements are within the provisions of Flexible
Working Hours (Clause 13.3) i.e. they do not permanently change your usual hours of
work.
To be eligible for the Superannuation Savings Al owance referred to in clause 28.1 of
this Agreement, employees whose hours of work were less than 75 hours per fortnight
as at 15 January 2014 agreed to increase their hours from 16 January 2014 so that their
proportion reflects a ful time equivalent of 80 hours per fortnight, or accepted a
proportionate pay adjustment.
ACC wil consult with employees who are transitioning to a full time equivalent of 80
hours per fortnight in relation to when the additional hours will be worked, taking into
account the need to maintain flexibility and the employee’s personal and family
commitments.
PSA ACC Collective Agreement 2015-2017
Page
7
13.3
Flexible Working Hours
ACC supports the principles of employees balancing personal and family commitments
with their daily work and wherever possible employees will be given opportunity to work
flexible time so long as operational needs are met.
ACC wil give reasonable consideration to any requests for flexible working
arrangements, including reducing hours of work, taking into account business needs.
Where we have agreed, in writing or otherwise, to a temporary change to your usual
hours of work, at any time we may give you four weeks’ notice of the requirement to
return to your usual hours in order to meet business needs.
13.4
Time off in respect of extra hours worked
Where your Manager agrees that you may work flexible hours of work you may
accumulate up to four hours only and may not carry time credits over beyond the current
pay period without your Manager’s prior approval.
13.5
Return to Work after Parental Leave
Where your Manager agrees, you may (after taking a period of parental leave) return to
work on a part time basis.
In determining your actual hours of work your Manager wil take into account your needs
and the business needs.
Where we have agreed to a change in your actual hours of work in order to meet your
personal needs we may give you four weeks’ notice of the requirement to return to your
actual hours (i.e. the hours worked prior to you taking parental leave).
13.6
Minimum Break
You are entitled to a minimum break of nine hours between completion of work on one
day and commencement of work on the next day, without loss of remuneration.
13.7
Lunch Breaks
If you work full-time you have unpaid lunch breaks of at least 30 minutes and not more
than one hour each day; provided that such breaks may be extended at your Manager's
discretion.
13.8
Tea Breaks
You may take tea breaks of 15 minutes duration each morning and afternoon, or night if
applicable, at times specified by your Manager.
PSA ACC Collective Agreement 2015-2017
Page
8
14
Overtime Rates
14.1
Clause 14.1 does not apply to employees on grand-parented terms detailed in
Schedule A; an alternative Overtime Rates clause is included within that Schedule
which applies to these employees.
Overtime is to be authorised in advance by the relevant manager. Overtime is defined as
time ACC requires to be worked that is in excess of 80 hours in any fortnight.
14.2 Where overtime is authorised and you are eligible to receive compensation for it, method
of compensation shal be by prior and mutual agreement between you and your
Manager, as follows:
(i)
Payment at the rate of time and a half; or
(i )
Time off in lieu equivalent to the overtime hours you actually worked, to be taken
at a time that is mutually agreed.
14.3 You wil be given reasonable notice where overtime is required to be worked.
15
Public Holidays
15.1 The following days are observed as Public Holidays:
Christmas Day
December 25
Boxing Day
December 26
New Year's Day
January 1
Day after New Year's Day
January 2
Waitangi Day
February 6
Good Friday
timing varies - March or April
Easter Monday
timing varies - March or April
Anzac Day
April 25
Queen's Birthday
1st Monday in June
Labour Day
4th Monday in October
Regional Anniversary Day
timing varies according to province
Where a public holiday falls on a Saturday or Sunday, that holiday is observed on the
following weekday.
Public Holidays shal be granted to part-time staff only where the day concerned is a day
normally worked by the staff member.
15.2 ACC needs and requires some staff to work on public holidays to service customers and
PSA ACC Collective Agreement 2015-2017
Page
9
staff. Generally this arises in national units and on Regional Anniversary Days.
Where ACC does require you to work on a public holiday, you will be given at least
fourteen days’ notice and wil receive an alternative full day’s holiday, to be taken at an
agreed time or in conjunction with annual leave, and be paid time and a half for the
greater of;
i) The hours intended to be worked on the day; or
ii) The hours actually worked on the day.
16
Annual Leave
16.1 The purpose of annual leave is to allow you to have a break from work and enjoy an
extended period of rest and relaxation.
16.2 If you are a permanent staff member:
i) with up to five years continuous service with ACC you are entitled to four weeks
annual leave per annum.
ii) with over five years continuous service with ACC or your permanent substantive role
is within the Sensitive Claims Unit you are entitled to five weeks annual leave per
annum.
Note: If you transfer permanently out of the Sensitive Claims Unit and do not have
over five years continuous service with ACC your entitlement to annual leave
wil revert to that found in clause 16.2 i) above.
iii) You must take at least one period of at least two weeks annual leave per annum
(including Public Holidays which fall within the period of absence).
iv) You are expected to positively plan for your annual leave to be taken in the year it
falls due. It is expected that at any one time you should not have accumulated more
than five days in excess of your annual entitlement i.e. twenty plus five or twenty five
plus five. Both you and your manager have a responsibility to ensure this
expectation is met. By mutual agreement with your manager and upon specific
request in writing you may accumulate more than five days over your annual
entitlement.
v) You are expected to apply for annual leave at least four weeks prior to the period
requested. Leave of 'short duration', e.g. one or two days, may be considered with a
lesser notice period.
PSA ACC Collective Agreement 2015-2017
Page
10
vi) You may take annual leave as it accrues.
vii) You may anticipate annual leave in special circumstances and with the agreement
of your manager.
Notes: (i)
If you are a permanent part-time staff member you are entitled to the
same annual leave entitlement as above but on a proportionate basis to
reflect your hours of work.
(i )
Leave is to be taken at times convenient to ACC. ACC has the right to
direct you to take annual leave following the twelve months of it accruing,
where possible this wil be with your agreement.
(i i)
Payment for annual leave wil be paid in the pay that relates to the period,
during which the leave is taken or, where employment has ended, in the
pay period that relates to the employee’s final period of employment,
unless specifically otherwise agreed.
16.3 If you are a temporary member you do not receive the annual leave entitlement as
above, but instead are paid holiday pay pursuant to the Holidays Act 2003.
16.4 If you are sick while on annual leave you may be entitled to have your annual leave
reinstated at your manager’s discretion, on production of a medical certificate. This
medical certificate should be provided at the time of returning to work.
17
Long Service Leave
If you are a permanent staff member you are entitled to Long Service Leave on the
following basis:
On completion of ten years continuous service with ACC you are entitled to two
weeks leave. This leave must be used within two years or it may be forfeited.
On completion of fifteen years continuous service with ACC you are entitled to two
weeks leave. This leave must be used within two years or it may be forfeited.
On completion of twenty years continuous service with ACC you are entitled to four
weeks leave. This leave must be used within five years or it may be forfeited.
On completion of twenty-five years continuous service with ACC you are entitled to
two weeks leave. This leave must be used within two years or it may be forfeited.
Long service leave is to be taken in one continuous period except the entitlement at
twenty years continuous service which may be taken in two continuous periods of two
weeks.
PSA ACC Collective Agreement 2015-2017
Page
11
18
Bereavement Leave
18.1 You are entitled to:
Up to five working days paid bereavement leave (including the need to undertake
reasonable travel) on the death of a person with whom you have a close
association:
Up to three working days paid bereavement leave per bereavement (including the
need to undertake reasonable travel) on the death of more than one person at the
same time with whom you have a close association (for example, where multiple
deaths occur in a single accident and where you have a close association with more
than one of the deceased persons).
This association need not be a blood relationship.
18.2 ACC may at its discretion grant additional paid or unpaid leave depending on individual
circumstances and upon application.
18.3 ACC is appreciative of cultural requirements that may necessitate your attendance at a
bereavement ceremony such as a Tangihanga or equivalent. Special bereavement
leave may also be granted in such circumstances.
19
Domestic Leave
19.1 You are entitled to paid Domestic Leave of up to five days per calendar year where you
must be absent from work to look after a dependant due to their injury or il ness. A
medical certificate is required for any period exceeding three working days. If you
commence employment after 1 January the domestic leave entitlement wil be pro-rated
for the first calendar year.
A dependant is your spouse or partner, child or parent, or other member of your
immediate family, who, through their il ness or injury, becomes dependent on you for
their physical care.
19.2 The purpose of domestic leave is to enable you to have paid time off to arrange for or to
provide for the care of your dependant/s.
19.3 ACC may at its discretion grant additional paid or unpaid leave depending on individual
circumstances.
19.4 If you are a temporary staff member domestic leave will be granted to a maximum of 5
days per annum pro-rated to the term of your fixed term agreement.
PSA ACC Collective Agreement 2015-2017
Page
12
20
Sick or Injury Leave
General Principles
Sick leave is provided for absences due to personal illness to allow you time to recover
while ensuring an expedient return to work. It is always ACC’s aim to enable the
employee to return to work after sickness or injury where this is achievable within a
reasonable timeframe.
20.1 Entitlements
Your entitlement to sick or injury leave exists when you are sick or injured and when you
follow the requirements of the clauses below.
20.1.1 Sick Leave
If you have less than twelve months continuous service with ACC and are il you have up
to a maximum of five days paid sick leave to recover from your il ness and return to your
normal duties and hours of work.
Managers may, at their discretion grant additional paid sick leave during this period.
If you have more than twelve months continuous service with ACC you wil accrue ten
days’ paid sick leave per year. Unused sick leave will be carried forward and
accumulated to a maximum of 60 days. Unused sick leave wil not be paid out upon
termination of employment.
Upon expiry of paid sick leave a meeting wil be held to consult with you regarding the
management of any future sick leave and pay, in accordance with Clause 20.5.
If you fall sick during annual leave please refer to clause 16.4.
20.1.2 Transitional arrangements for current employees
PSA members as of the date of ratification.
On the date of ratification of this Agreement, PSA members who have at least 1 year’s
continuous service with ACC, have an accrued sick leave entitlement of 60 days. Future
sick leave accrued entitlements are calculated in line with clause 20.1.1 above.
PSA members who joined after date of ratification.
Any employee who comes within coverage of this Agreement during its term has an
accrued sick leave entitlement calculated in line with clause 20.1.1 above based on their
current, continuous service with ACC. This entitlement is capped at 60 days minus any
sick leave used in the previous 12 months.
PSA ACC Collective Agreement 2015-2017
Page
13
20.1.3 Injury leave
For each injury where your absence is due to a work or a non-work accident ACC shal
make up the balance of pay between the 80% of weekly compensation that the ACC
scheme covers and the rate of your ordinary pay for a period of three months, subject to
the provisions of clauses 20.5 – 20.7 below.
Where your absence is due to injury arising from a non-work accident ACC shal pay for
the first week of absence at your rate of ordinary pay.
Reimbursement of provider part charges for primary services related to work injury
treatment may be made on submission of a receipt where treatment has had prior
approval. ACC wil monitor the cost associated with this and review annually.
20.2 Management and prevention provisions
ACC expects of you that you will:
Take reasonable precautions against il ness and injury;
Report any work accidents to your Manager on the day on which they occur. In
the case where an injury results, this must be reported immediately to your
Manager;
Make every effort to live and work safely by observing safety rules and
standards, both on and off the job;
Notify your Manager as soon as possible on your first day of absence;
Provide your manager with reasonable information about your il ness or injury to
assist them to understand and appropriately manage the situation;
Maintain regular contact with your manager during any period of absence;
Inform your manager if you have a deterioration of your condition that may have
the potential for you to require further leave;
Participate actively and co-operatively in your rehabilitation, which includes
following medical advice and exercising common sense around taking
appropriate steps to achieve an expedient return to work; and
Participate actively and co-operatively in return to work discussions, and any
return to work programme where the nature of the il ness or injury, or the duration
of absence warrants it.
You can expect of ACC that:
If you are il or injured, you should be able to recover and return to your normal
duties and hours of work without fear of immediate termination or loss of pay;
PSA ACC Collective Agreement 2015-2017
Page
14
Your manager will make regular contact during periods of sick or injury leave;
Your manager wil complete a return to work discussion following each incidence
of sick leave;
Where the nature of the il ness or injury, or the duration of absence warrants it,
your manager wil work with you to develop a return to work programme which
wil not usually exceed 6 weeks;
If your manager has concerns regarding your sick or injury leave usage, they wil
meet with you to discuss appropriate steps to address this which may include:
Seeking medical information about the reasons for sick leave usage;
Setting expectations about future sick leave usage and how this will be
managed;
Providing reasonable support to assist you in the management of any
identified underlying health condition.
Your manager will seek your feedback on these steps before making a decision.
20.3 Medical Certificates
You must supply your manager with a medical certificate for any absence for reasons of
il health or injury for any period exceeding three working days.
If you have had over five days sick or injury leave in the last twelve months
and there is
a concern at the frequency or incidence of absence ACC may require you to supply a
medical certificate to support any future sick leave absence for up to twelve months.
You wil be informed of the requirement prior to any future absence and the reason for
the requirement.
Medical certificates must state the dates for which you are unfit to work, the date on
which you were assessed, and your expected return to work date or the date upon which
you are to be reassessed.
20.4 Obtaining additional information
If your medical certificate does not give enough information or your manager believes a
second opinion would be beneficial, your manager may seek your written consent to
obtain appropriate medical or clinical information and/or seek a medical opinion.
Information your manager may obtain includes:
A diagnosis.
A medical prognosis.
What specific support you may need ACC to provide in order to assist you to
PSA ACC Collective Agreement 2015-2017
Page
15
return to your normal duties and hours of work.
What barriers can be identified that may prevent you from returning to your
normal duties and hours of work.
If and how any ongoing health needs may impact on your ability to return to your
normal duties and hours of work.
If and how your work environment may impact on your ability to return to your
normal duties and hours of work.
A likely timeframe within which you are expected to return to work.
This may be from a registered health practitioner nominated by your Manager (at ACC’s
expense). The purpose of this is to:
Assist with an expedient recovery and return to work; and/or
Assist ACC to understand your condition; and
Manage your sick leave appropriately.
You are required to provide your written consent to ACC within five days of being
requested, in these circumstances.
You are able to present the above information from your own health practitioner for
consideration provided you do so within 10 days of being asked for your consent to see
ACC’s nominated health practitioner.
If you refuse to provide the appropriate consent or do not attend any necessary
appointment, ACC reserves the right to make a decision regarding your ability to return
to your normal duties and hours of work and/or continued employment based on the
information available to ACC.
20.5 High or frequent sick or injury leave
Wherever possible, your manager will discuss the management of your sick leave in any
of the following circumstances:
You have been, or have advised us that you are likely to be, off work continuously
for four weeks or more.
There is a concern about the frequency or incidence of your sickness absence.
You have an underlying medical condition that is impacting your ability to attend
work on an ongoing basis, or to complete your normal hours or duties.
Where it is possible that your sick leave wil exceed your entitlement.
When your sick leave usage has, or wil (in accordance with medical advice) exceed
PSA ACC Collective Agreement 2015-2017
Page
16
your paid sick leave entitlement, your manager wil review how to manage your sick
leave and recovery. You and/or your authorised representative wil be part of this
discussion. The options may include:
A Return to Work Programme.
A continued period of sick or injury leave on full pay.
Consideration of alternative duties or hours on a permanent or temporary basis
A period of sick leave on reduced pay.
A period of leave without pay.
Payment for hours worked only
Consideration of medical retirement
These options will be considered in line with the medical information available, your
preferences and needs, and the operational requirements of ACC.
It is always ACC’s aim to enable you to return to work after sickness or injury where this
is achievable within a reasonable timeframe.
These options may not suit cases where there is frequent sick leave not relating to a
single underlying medical condition. In these cases your manager may manage the
situation as an attendance concern in line with the performance improvement policy.
20.6 Medical Retirement
ACC may require you to medically retire if you are medically unfit to perform the full
range of your duties and/or hours, and cannot return to or sustain your normal duties
and/or hours for medical reasons within a reasonable period.
If a decision to medically retire you is made, it wil be based on information supplied by
two registered health practitioners, one nominated by ACC and one nominated by you.
If you medically retire in accordance with this clause and have had at least two years’
service you wil receive three months base salary. (If you are employed as a part-time
staff member, this provision applies on a proportionate basis. This does not apply if you
have reduced your working hours in order to manage your current il ness).
20.7 Medical Incapacity
For the avoidance of doubt, ACC may terminate your employment on the grounds of
medical incapacity in the following circumstances:
i.
you appear, on reasonable grounds, unable to sustain your normal duties and/or
hours of work for medical reasons and/or return to normal duties and/or hours
PSA ACC Collective Agreement 2015-2017
Page
17
within a reasonable time period; and
ii.
you have refused consent to provide the medical information required under clause
20.7; and
iii.
ACC has made reasonable efforts to seek such consent from you.
21
Retirement
ACC will consider any request for retirement compensation after twenty years
continuous service with ACC.
Upon retirement you wil receive an amount equal to one week’s remuneration current at
the time of retirement for each complete year of service with ACC. If you are a
permanent part-time staff member, this provision applies on a proportionate basis, which
reflects your hours of work.
Any payment made in respect of this Clause is made on the expectation that the ACC
staff member wil not undertake regular paid employment after cessation of their
employment with ACC. For the avoidance of doubt the intent is not to offer
compensation to those leaving ACC but continuing significant paid employment, either in
respect of hours worked or similar duties.
22
Employee Rights
22.1 ACC has in place effective policies on Equal Employment Opportunities, Discrimination
and Sexual Harassment. Your attention is drawn to these policies.
22.2 An Employee Assistance Programme also operates throughout ACC and is available to
all staff.
23
Conflict of Interests
23.1 You are expected to devote your whole working time with ACC to ACC’s business and
should understand that any interests you have which conflict with the interest of ACC or
your ability to perform your duties may jeopardise your employment.
23.2 If you are contemplating commencing or are engaged in paid employment or any activity
that may conflict with ACC business you need to consider whether it could in any way:
Conflict with your ACC duties;
Compromise your ACC duties;
Impair your performance; or
Compromise your integrity as a staff member.
PSA ACC Collective Agreement 2015-2017
Page
18
Your involvement in any paid employment, or activity that may conflict with ACC
business must be reported to and approved by ACC.
23.3 Al staff members are advised of the application of the Corporation’s Code of Conduct in
regard to the declaring conflict of interest matters.
24
Confidentiality
24.1 You are responsible for the security of the confidential and commercially sensitive data,
which is held by ACC. Information concerning clients entrusted to ACC must also be
treated with the utmost confidentiality. It is a basic condition of your employment that
this information is not to be disclosed to or discussed with unauthorised people, either
inside or outside ACC. “Information” in this context includes computer programmes and
systems, documentation, data and correspondence, both internal and external.
24.2 In recognition of this you are required to sign a Confidentiality and Information Security
Agreement on your engagement as a condition of employment.
24.3 Failure to comply with these confidentiality conditions will be considered as serious
misconduct.
25
Period of Notice of Termination
25.1 If you wish to terminate your employment with ACC or ACC wishes to terminate your
employment, a period of notice of one month in the case of permanent staff, or two
weeks in the case of temporary staff is required except that this may be varied by mutual
agreement.
25.2 Where either party gives less notice to that required, ACC may make a payment in lieu
of such notice or you may forfeit pay in lieu of such notice.
26
Access to Agreement
This Agreement shal be made readily accessible and available to all staff members
covered by this Agreement.
27
Higher Duties Allowance
If you are temporarily appointed to act in and substantially perform the duties of a more
senior position for more than two weeks continuously, you wil be paid from the date on
which you commence the higher duties, at a rate not less than the minimum
remuneration paid for the position for the duration of your appointment.
PSA ACC Collective Agreement 2015-2017
Page
19
28
Reimbursement of Business Expenses
You wil be reimbursed for actual and reasonable business related expenses incurred in
performing your duties, provided that wherever possible prior approval is obtained before
you incur any expenses. ACC will require any claim for expenses to be supported by
appropriate receipts or other documentation.
29
Performance Development Cycle
The Performance Development Cycle is a framework designed to assist you and your
Manager to openly and effectively discuss your work performance and development and
assesses all aspects of your performance. It applies to permanent and fixed term
employees.
Information, guidance and training to managers and/or employees may be provided to
ensure the system is used effectively in accordance with identified needs.
29.1
Key components of the Performance Development Cycle
The performance year for the purposes of the Performance Development Cycle
commences on 1 August. This is off-set by 1 month from the performance year of ACC
itself. This means we can use organisational strategy and results to set meaningful
performance expectations and conduct performance assessments.
At the beginning of the Performance Development Cycle performance year, you and
your Manager will discuss the performance expectations for your position. Performance
expectations will be set and documented, consistent with the position description for the
role and the Performance Development Cycle guidance.
Regular, documented performance discussions wil occur throughout the performance
year. These include an interim review (after six months) and an end of year review.
These discussions are usual y between you and your immediate manager. You should
contribute your views on your performance and your ideas for your development as part
of this process.
At the end of the performance year, you wil meet with your manager who wil provide
you with a performance rating. The rating wil reflect your performance against the
expectations set for the performance year. Wherever possible, this meeting wil occur
during July. Your performance rating will be confirmed in writing.
If you transfer to another role, or your job responsibilities change within the performance
year, performance expectations may be revised. New performance expectations may be
set for the remainder of the performance year. Your performance assessment wil be
based on your performance over the whole year but greater weight may be placed on
performance in your current role, if this is reasonable in the circumstances.
PSA ACC Collective Agreement 2015-2017
Page
20
You can find full guidelines for the Performance Development Cycle on the ACC
Intranet.
29.2
Disagreement over an end of year performance rating
If you disagree with the end of year performance rating you have been given, you should
follow this two-step process to try to resolve disagreement:
Step 1: Informal review:
Within 2 weeks of receiving your end of year performance rating, email your manager
explaining why you disagree with the rating and present any supporting information you
believe is relevant. Your manager wil consider the facts you have raised and make a
decision on whether to change your rating. They wil require their manager’s approval to
change your rating. Your manager wil meet with you (either in person or by phone) and
clearly convey their decision. If they change your rating, that will be recorded and
implemented. If they do not agree to change your rating, they will tell you their reasons
so you can understand their position. This decision wil be communicated to you within 2
weeks of the date you lodged your informal review wherever possible.
Step 2: Formal review
If you stil disagree with your end of year performance rating after Step 1, you have 2
weeks to raise a formal review. You can seek advice from a PSA Delegate or People
Services at this time.
To raise a formal review you need to email your manager’s manager explaining why you
disagree with your rating and the explanation provided by your manager at Step 1, and
present any further supporting information you believe is relevant. You must do this
within 2 weeks of receiving your manager’s decision.
Your manager’s manager wil discuss your formal review with your manager and People
Services, and their decision wil be based on the facts presented and whether, during the
performance year:
Your manager provided adequate training and support
Your rating is consistent with the feedback you received during the performance
year
Your objectives were fair and reasonable for the role
The rating decision is in line with current Performance Development Cycle
guidance.
The decision wil be communicated to you in writing within 2 weeks of the date you
lodged your formal review wherever possible.
If you stil disagree with your end of year performance rating, please refer to Part 6 of
this Collective Agreement.
PSA ACC Collective Agreement 2015-2017
Page
21
30
Remuneration
Employees on grand-parented ‘Schedule A’ terms have alternative remuneration
arrangements set out in Schedule A of this agreement. Clauses 30.1 and 30.2 do
not apply to them.
30.1
Remuneration framework
The following provisions apply to permanent and fixed term employees.
ACC is committed to rewarding your performance and aligning your pay with the market
and organisational performance.
All employees are entitled to have their remuneration reviewed at the end of each
performance development cycle. Any resulting remuneration increase takes effect from 1
July. Remuneration increases are based on individual and organisational performance,
remuneration bands and affordability, and are therefore not guaranteed.
Individual performance is measured through the Performance Development Cycle (Part
4).
Please refer to the Remuneration and Performance Policy, on the ACC Intranet, for
further information.
Remuneration bands and Job Evaluation
Al permanent and fixed term positions within ACC are measured using Hay Group job
evaluation methodology and assigned to a remuneration band. ACC’s remuneration
bands are based on the total Employer Investment (refer to clause 28.2). The
remuneration bands range from 85%-120% of the Hay Group Public Sector market rate.
The Hay Group Job Evaluation methodology determines the size of a role which dictates
the appropriate remuneration band for that role.
The following benchmark positions are evaluated through a Job Evaluation Committee.
Case Administrator
Case Co-ordinator
Case Manager
Injury Prevention and Management Consultant
Team Administrator
Customer Services Representative
Entitlement Payment Officer
A certified job evaluator and a PSA delegate trained in job evaluation will be part of this
committee. An evaluation of a benchmark position is likely to occur when a significant
PSA ACC Collective Agreement 2015-2017
Page
22
change to any position has occurred and a business case for re-evaluation of the role on
this basis has been approved. The Chief Executive, or their nominee has final approval.
Positions other than benchmark positions are evaluated by a certified job evaluator to
determine their appropriate size. The Chief Executive, or their nominee has final
approval.
Remuneration Framework Funding
The amount of money available for remuneration increases each year is determined by
movement in the Hay Group Public Sector market data, organisational performance, and
affordability. ACC wil take reasonable steps to ensure it can fund remuneration
increases.
Hay Group market data is taken from the March quarter
Affordability is monitored throughout the year and final decisions on the
remuneration budget are made near the end of June.
Organisational performance is monitored throughout the year, and reported on in
August.
Decisions on the salary ranges for each of the remuneration bands and the matrix of the
percentage increases to apply to performance ratings are based on the above factors.
The ACC Remuneration Committee determines the amount of money available for
remuneration increases, based on the above factors. Their decision will be made as
close to the end of ACC’s performance year as possible and will be communicated in
writing to the PSA as early as is practicable.
The PSA wil be consulted on the amount of money to be made available for
remuneration increases each year and are invited to make a recommendation setting out
their view. ACC wil share available information with the PSA regarding market
movement, organisational performance and affordability to ensure the PSA is able to
provide informed comment. Similarly, the PSA wil share any information they consider
relevant to their recommendation with ACC. The remuneration increases for each
performance rating wil be published on ACC’s intranet on an indicative basis. A final
version wil be published once the ACC Remuneration Committee has made the final
decision.
Performance based pay increases
Every position in ACC has a remuneration band of 85% to 120% of the market rate.
Pay increases are based on performance ratings, determined through the Performance
Development Cycle
You will not receive a remuneration increase if you were appointed to your current
position and/or received a remuneration increase on or after 1st April. However, your
remuneration wil be at least 85% of your new remuneration band from 1st July.
No employee wil be paid less than 85% of their remuneration band, unless they receive
PSA ACC Collective Agreement 2015-2017
Page
23
a rating of ‘unacceptable’.
If the annual remuneration review results in a reduction of the band for your role, and
your remuneration therefore now exceeds 120% of your band, your remuneration will
remain fixed at what you are currently paid until such time as the remuneration band for
your job catches up to your salary.
Fol owing your end of year review you wil be advised in writing of the remuneration you
wil receive for the next twelve months, your remuneration band and your position in that
band.
30.2
Employer Investment
The details of each employee’s remuneration wil be set out in their letter of offer, and
wil comprise:
Base Salary
+ Benefits (eg carpark/motor
vehicle)
Fixed Remuneration
Plus Superannuation Savings
Al owance
Employer Investment
“
Fixed Remuneration” is the value of the Base Salary paid to employees together with
the cost of any contractual benefits, such as a motor vehicle.
“
Employer Investment” represents the overall cost of the employee’s remuneration
package including both Fixed Remuneration plus the value of the Superannuation
Savings Al owance.
In determining remuneration bands, and the position of employees within those bands,
ACC shal have regard to the overall Employer Investment, inclusive of the
Superannuation Savings Al owance
Al references within this agreement to ‘remuneration bands or ‘market rate’ wil be
based on the Employer Investment.
ACC wil publish its remuneration bands and pay progression model on its Intranet.
Superannuation Savings Allowance
ACC wil provide a Superannuation Savings Al owance of 9% (gross) of Fixed
Remuneration to all eligible employees to support them with their retirement savings,
subject to the terms of ACC’s Superannuation Savings Al owance Policy.
PSA ACC Collective Agreement 2015-2017
Page
24
This allowance will be paid in addition to Fixed Remuneration, and wil be applied by
ACC to a superannuation or Kiwisaver scheme, on behalf of the employee, in
accordance with ACC’s Superannuation Savings Al owance policy.
The Superannuation Savings Al owance wil be used in the first instance to fund any
existing or required employer contributions to a superannuation or Kiwisaver scheme,
provided that where the existing or required contribution rate is less than 9%, the
balance will be paid as an additional employer contribution.
The Superannuation Savings Al owance wil include all associated costs relating to the
provision of that benefit including Employer Superannuation Contribution Tax (ESCT).
In the case of Kiwisaver, the employer contribution wil be made up of the prevailing
compulsory statutory contribution rate, including ESCT (employer superannuation
contribution tax), plus an additional employer contribution to a total maximum employer
contribution of 9%.
This provision is instead of, and not in addition to any obligations ACC may have to
contribute to a superannuation or Kiwisaver scheme, pursuant to the Kiwisaver Act or
any other contract, deed, enactment or arrangement.
Eligibility for Superannuation Savings Allowance
The eligibility rules for the Superannuation Savings Al owance are as set out in the ACC
Superannuation Savings Al owance Policy. Without limiting the terms of that policy,
employees wil not be eligible for this allowance if they are making employee
contributions and/or receiving employer superannuation contributions to a National
Provident Fund;
In the event that any employee is not eligible for the Superannuation Savings Al owance,
all other parts of this agreement (including as varied) wil apply insofar as they can be
applied to those employees.
31
Problem Resolution Procedure
31.1 ACC is mindful of your needs, particularly when a work-related problem results in
dissatisfaction for the staff member and a disturbance in ACC-staff member relationship.
Good communication between managers and staff will, in the majority of cases, quickly
resolve any problems, grievances or misunderstandings. However, if no solution is
forthcoming then both you and ACC must follow the problem resolution process to make
sure that issues are promptly resolved.
This is available on the ACC Intranet.
PSA ACC Collective Agreement 2015-2017
Page
25
31.2 You have the right to be represented by a person of your own choice at any time during
the problem resolution process. You will be advised of your right to be represented by a
person of your own choice at any time during the process.
31.3 A personal grievance means any grievance that you have against ACC because of a
claim that:
You have been unjustifiably dismissed;
Action ACC has taken disadvantages you in your employment or a term of your
employment is unjustifiable;
You are discriminated against in your job;
You are sexual y harassed in your job;
You are racially harassed in your job;
You have been pressured in your job because of your membership or non-
membership of a union; or
You have been pressured to belong or not belong to a union.
A personal grievance must be raised with your Manager within ninety days of the event.
31.4 Nothing in this procedure shal affect your right to invoke as an alternative the provisions
of the Human Rights Commission Act or the Race Relations Act in appropriate
circumstances.
32
Disputes Procedure
Where any party to this Agreement has a problem relating to the interpretation,
application or operation of this Agreement, the disputes procedure as contained in Part
10 of the Employment Relations Act 2000 shal apply.
33
Redundancy
ACC may make staff redundant during the term of this agreement through the
application of the following clause.
33.1
Definition
A redundancy wil occur in ACC when a permanent staff member's employment is
terminated because the position occupied, and the services provided, by that staff
member is or will become, superfluous to the needs of ACC.
PSA ACC Collective Agreement 2015-2017
Page
26
33.2 No redundancy wil occur by reason of the sale or transfer, including outsourcing, of the
whole or any part of ACC's operations, where the purchaser or transferee of the
operations has offered employment to the staff member from the time the sale or
transfer takes effect in the same or a substantial y similar capacity under no-less-
favourable employment conditions, including service recognition.
33.3 A redundancy payment wil be made only to permanent full-time and permanent part-
time staff, and also to permanent staff who are on parental leave where their position
has been kept open.
33.4
Other Options
In the first instance every reasonable effort wil be made to retain the staff member’s
services. Options available to ACC include redeployment, retraining, relocation and
reduced hours.
Where your position disappears as a consequence of reorganisation, and ACC wishes to
retain your skil s, ACC may transfer you to a suitable alternative position that is in the
same location or one that is within reasonable commuting distance from your residence,
and is:
In keeping with your skil s and experience; or
Within your capability with such retraining as may be provided by ACC.
33.5 Except as provided in subclause 33.6 below, where redeployment to a suitable
alternative position is not accepted by you, no redundancy compensation will be
payable.
33.6 If you are transferred to a position in which a lower rate of pay is payable, you shal
retain the former rate of pay for a period of twelve months following the date of transfer,
after which the rate of pay appropriate to the new job shal apply. Non-acceptance of
any offer of transfer to a position with a lower rate of pay will not disqualify you to any
redundancy compensation you would otherwise be entitled.
33.7
Employee Protection Provision
33.7.1 This clause applies to any sale, transfer or contracting out of all or part of the activities or
operations of the Corporation.
33.7.2 Where the Corporation is contemplating such sale, transfer or contracting out (together a
“transaction”) and the Transaction may affect positions of the employees covered by this
agreement, the following process wil apply:
As soon as is reasonably practicable (taking into account the commercial and
confidentiality requirements of any such Transaction) the Corporation wil consult with
the PSA and the employees potentially affected.
PSA ACC Collective Agreement 2015-2017
Page
27
Where, following such consultation it has been determined to proceed with the
Transaction, the Corporation will endeavour in its negotiations with the potential new
employer, to protect employee interests by:
(i) exploring with the potential new employer whether it is in a position to offer
employment to the potentially affected employees covered by this agreement on
terms and conditions of employment that avoid the need to pay redundancy
compensation if the Transaction proceeds; and
(i ) where the proposed Transaction is not able to be concluded on the basis in
paragraph 33.7.2 (i) above, or on a basis whereby an employee is prepared to accept
a role with the new employer, the Corporation wil endeavour to find a suitable
alternative position for its staff prior to resorting to redundancy.
33.7.3 The matters relating to the terms of employment that the Corporation wil negotiate with
the new employer will be those set out in this written Collective Agreement and for the
avoidance of doubt, wil not include any matters contained in Corporation policies or any
other discretionary benefits of employment.
33.7.4 Where, following the negotiations with the new employer, the Transaction is to take
place, and an individual employee covered by this agreement is either not offered
employment with the new employer or has declined an offer of employment, the
following process wil apply:
(i) Where no offer of employment is made by the new employer, the Corporation will
explore redeployment and other options to avoid redundancy for the employee and
wil endeavour to identify a similar role for the employee with the Corporation on no
generally less favourable terms of employment than those contained in this
agreement. If such a role is identified for an employee and they are offered such a
role, where the employee declines it, they wil be made redundant without
compensation; and
(i ) Where an offer of employment is made by the new employer on terms that avoid the
need to pay redundancy compensation under clause 33.2 of this agreement but the
employee declines such an offer, they wil be made redundant and wil not be entitled
to any redundancy compensation; and
(i i) Where the employee is made an offer of employment by the new employer on terms
and conditions that do not satisfy clause 33.2 the employee wil be entitled to decline
the offer and receive redundancy and any other entitlements in accordance with the
terms of this agreement. However, if the employee accepts such an offer, they will not
be entitled to redundancy compensation.
33.8
Notification
Where you are to be declared redundant you will be given at least four weeks notice of
redundancy in writing.
33.9
Redundancy Payment
PSA ACC Collective Agreement 2015-2017
Page
28
33.9.1 If you are a permanent staff member ACC wil make a redundancy payment as
follows:
The greater of:
3 months base salary;
OR
10% of the total current base salary at the time of redundancy for the first year
of service and 5% of the total current base salary at the time of redundancy for
the second and subsequent years of continuous service (pro rata on a monthly
basis) to a maximum of twenty years.
Note: The total amount paid to staff members under these provisions shal not exceed
$43,260.
33.9.2 The redundancy payment will be made in a lump sum and taxed at the
appropriate rate as stipulated under the Income Tax Act 1976 and
amendments.
33.9.3 The payment to be made wil be contingent on you remaining at work and
performing your normal duties until the expiry of the period of notice, unless the
appropriate General Manager approves otherwise. The date of termination is
your last day of work.
33.10
Other Payments
In addition to the above redundancy payment, you will be paid on termination:
Any unused annual leave entitlement;
Any long service leave entitlement accrued at the date of termination which has not
previously been taken or forfeited; and
Salary up to the date of termination.
33.11
Job Search and Counselling
If you are given notice of redundancy you wil be given reasonable time off for job
seeking. In addition, counsel ing will be offered dependent on your needs.
PSA ACC Collective Agreement 2015-2017
Page
29
34
Recognition of Employees Representatives
ACC and the PSA have an
agreement and guidelines that set out the framework of the
relationship. ACC recognises and values the role of PSA delegates as authorised
representatives of employees covered by this agreement. ACC will allow them
reasonable time and access to facilities to carry out their functions including PSA
sponsored training subject to ACC’s operational requirements.
ACC and the PSA agree that, in the first instance, local issues wil be dealt with by the
local PSA delegate and the local business unit manager. ACC and the PSA agree that
there wil be regular communication between local delegates and local managers, as per
guidelines.
As part of the induction process ACC wil provide for the introduction of new staff to a
PSA delegate and provide PSA membership application forms.
ACC will provide for access to representatives of the PSA to workplaces at any
reasonable time when staff are working on the premises.
PSA members are entitled up to four hours per annum to attend union meetings with no
loss of pay, meetings wil be a maximum of two hours in length. Any request for
additional time will require ACC approval. PSA shal give ACC at least 10 days notice of
date and time. PSA members shal be entitled to attend meetings with their
representatives without loss of pay at times agreed with their manager.
ACC wil deduct PSA fees from the salaries of staff who have given appropriate
authorisation. On request, but not more than six monthly, ACC wil provide the PSA with
a list of names of staff for whom deductions are being made.
PSA ACC Collective Agreement 2015-2017
Page
30
For and on behalf of
THE
ACCIDENT COMPENSATION
CORPORATION
.........................................................
Debbie Barrott
Dated at…………………this ................... day of ......................................................... 2015
For and on behalf of the
NZ
PUBLIC SERVICE ASSOCIATION (Inc.)
.........................................................
Richard Wagstaff
Dated at…………………this ................... day of ......................................................... 2015
PSA ACC Collective Agreement 2015-2017
Page
31
The terms and conditions listed below have been varied within the Collective Agreement but
continue to apply to employees who elected to opt out of the R3 proposal which when
implemented varied these terms and conditions.
Employee on Schedule A terms may elect to rescind their grand-parented terms at any time, by
giving their manager two weeks notice, reaching agreement with them on new hours of work in
accordance with Clause 13.2 of this Agreement, and confirming this decision in writing.
In the event that an employee rescinds their Schedule A terms on or after 1 April of a
performance year, they wil not benefit from the improved performance pay table until the
following performance year.
i)
Normal Hours
ACC’s normal hours of work for full-time staff are set at 75 hours in any cycle of two
consecutive weeks. These hours are worked between 6.00 am and 10.00 p.m.
There wil be two breaks of two consecutive days per fortnight unless you agree
otherwise. (Overtime may be agreed to be worked on these two days). Where you
agree with your Manager to different breaks then you must have one block of three days
on one occasion and one day on another in each two consecutive week period.
In determining your usual hours of work your Manager will take into account the need to
ensure the highest level of customer service delivery and the business needs. Your
usual hours of work will not be changed without mutual agreement or alternatively,
without using the change management processes.
iii)
Overtime Rates
Overtime is to be authorised in advance by the relevant Manager. Overtime is defined
as time ACC requires to be worked that is in excess of 75 hours in any fortnight.
iii)
Remuneration
Reward Philosophy
ACC is committed to rewarding your performance and aligning your pay with the market.
The following provisions shal apply to permanent staff only.
ACC compares its pay rates to the “Public Sector” market using information supplied by
Hay Management Consultants.
i)
Once a year, in July, ACC compares pay rates in the market, for jobs with the
same total number of Hay points to the salary range that applies to your role.
This shows ACC any change in the market rate for your job. ACC then revises
the range for your role accordingly.
ii)
Benchmark positions are evaluated to determine their comparative size, relative
to all other positions within ACC by a certified job evaluator. PSA participate in
PSA ACC Collective Agreement 2015-2017
Page
32
the job evaluation committee. The Chief Executive, or their nominee has final
approval.
iii)
Positions other than benchmark positions are evaluated by a certified job
evaluator to determine their appropriate size for the approval of the Chief
Executive, or their nominee.
iv)
The market rate determines the remuneration range for your job.
Every position in ACC has a remuneration range of 85% to 120%.
85% is the minimum you can be paid.
The only exception is if you receive an “unacceptable” rating from the annual
performance review. If this happens, you wil not be automatical y entitled to
move to 85% of the range.
100% is the market rate.
120% is the rate if you have performed at an exceptional level over a period
of several years.
If the 120% rate for your role reduces as a result of the annual review of all
ranges, and your salary exceeds 120% of your range your salary shal remain
fixed until such time as the annual review determines that an increase would
apply to you.
28.2
Rewarding your performance
Salary review
In July each year, at the same time as adjusting the salary ranges to reflect how much
the market has moved, ACC also conducts the annual review of your remuneration.
The tool used to calculate any increase to your salary is developed in consultation with
the PSA and is dependent on the following four factors:
i)
How much money we have available for increases across ACC;
ii)
The type of employment agreement you are covered by;
iii)
Your performance over the last twelve months; and
iv)
Where your current pay fits within the new range for your position.
Al increases to salary are effective from 1st July.
PSA ACC Collective Agreement 2015-2017
Page
33
Remuneration review principles
Details of the Tool used to determine any salary increase is published on the ACC
Intranet site. The following principles apply:
If you were appointed to your current position, and / or received a salary increase, on
or after 1st April, you do not receive a salary increase. However, your salary wil be
at least 85% of the new range from 1st July.
ACC is committed to rewarding for higher performance and to moving competent
experienced and performing staff through their salary ranges as quickly as possible.
Fol owing the annual performance review you wil be advised in writing of the salary you
wil receive for the next twelve months, your remuneration range and your position in that
range.
28.3
Annual Remuneration Meeting
Prior to the annual salary review process, ACC and the PSA wil meet to discuss the
annual market survey data. ACC will also engage with the PSA in relation to a
recommendation to be made to the Chief Executive in relation to the quantum of
performance based pay increases.
In the event that the parties are unable to agree on a recommendation, the PSA may
make a submission in writing to the Chief Executive, who will in consultation with the
Board, make the final decision.
In the event that the Chief Executive does not accept the recommendation made by the
PSA, an explanation of the reasons wil be provided.
PSA ACC Collective Agreement 2015-2017
Page
34