Department of Corrections Frontline Staff...Department of Corrections and PSA Frontline Agreement – 2019-2021 06 August 2019 page 5 1.0 INTRODUCTION 1.1 Scope 1.1.1 This Agreement

Department of Corrections

Frontline Staff

(Prisons Based)

Collective Agreement

PSA

2019-2021

Department of Corrections and PSA Frontline Agreement – 2019-2021 06 August 2019 page 2

1.0 INTRODUCTION ........................................... 5

1.1 Scope ................................................................ 5 1.2 Parties ............................................................... 5 1.3 Coverage and Classifications ............................. 5 1.4 Variations .......................................................... 6 1.5 Good Employer 1.6 Treaty of Waitangi/Tirit o Waitangi 1.7 Term .................................................................. 7

2.0 COLLECTIVE PROVISIONS ......................... 7

2.1 Working Together .............................................. 7 2.2 Consultation ...................................................... 7 2.3 Representation .................................................. 9 2.4 Employment Relations Education Leave ............ 9

2.5 RELATIONSHIP AGREEMENT .................. 10

3.0 PROFESSIONAL AND PERSONAL DEVELOPMENT 10

3.1 Professional Service ........................................ 10 3.2 Efficiency & Flexibility ........................................ 10 3.3 Personal Development & Performance .............. 10

4.0 HOURS OF WORK ...................................... 11

4.1 Standard Hours of Work .................................... 11 4.2 Additional Hours ............................................... 12 4.3 Breaks ............................................................. 12

5.0 REMUNERATION ........................................ 13

5.1 Salary .............................................................. 13 5.2 Deductions ....................................................... 13 5.3 Superannuation Savings Schemes .................... 13 5.4 Expenses 5.5 Living Away from Home Allowance ................... 14

6.0 HEALTH AND SAFETY .............................. 14

6.1 Health and Safety Obligations ........................ 14 6.2 Physical Readiness Assessment (PRA) 6.3 Health 6.4 First Aid and Vacinations 6.5 Medical Examinations ....................................... 17 6.6 Drugs and Alcohol ............................................ 17 6.7 Eye Examination and Eyewear .......................... 17 6.8 Operating Capacity ........................................... 18

7.0 LEAVE ......................................................... 19

7.1 Public and Development Holidays ..................... 19 7.2 Annual Leave ................................................... 19 7.3 Sick Leave ....................................................... 20 7.4 Tangihanga/Bereavement Leave ....................... 20 7.5 Parental Leave ................................................. 22 7.6 Special Leave ................................................... 22 7.7 Sabbatical ........................................................ 22 7.8 Retiring, Resigning and Long Service Leave ...... 22

8.0 GENERAL ................................................... 23

8.1 Confidentiality ................................................... 23 8.2 Intellectual Property .......................................... 23 8.3 Computer Systems ........................................... 23


8.4 Indemnity ......................................................... 23 8.5 Personal Presentation ....................................... 23 8.6 Harassment ......................................................... 8.7 Family Violence Support 24

9.0 TERMINATION ............................................ 25

9.1 Notice .............................................................. 25 9.2 Retirement ....................................................... 25

10.0 MANAGEMENT OF CHANGE .................... 25

10.1 Organisational Change ................................. 25 a) Reconfirmation....................................................... 26 b) Reassignment ....................................................... 26 c) Retraining.............................................................. 26 d) Job Search ............................................................ 26 e) Part Time Employment .......................................... 26 f) Temporary Employment ......................................... 26 g) Special Leave ....................................................... 26 h) Severance ............................................................. 27 10.2 Employee Protection .................................... 27 10.3 Sale or Transfer ........................................... 28

11.0 PRINCIPLES FOR DISCIPLINARY MATTERS 29

12.0 EMPLOYMENT RELATIONSHIP PROBLEMS 30

12.1 Right to Representation ................................ 30 12.2 Definitions .................................................... 30 12.3 Raising an Employment Relationship Problem 30 12.4 Time Limit for Raising a Personal Grievance .. 30 12.5 Choice of Procedures ................................... 31 12.6 Statement of Reasons for Dismissal .............. 31 12.7 Other Options ............................................... 31 12.8 Remedies for Personal Grievance ................. 31

13.0 SIGNATORIESERROR! BOOKMARK NOT DEFINED.

............................ ERROR! BOOKMARK NOT DEFINED.

...................................................................................... 32

SCHEDULE A .... ERROR! BOOKMARK NOT DEFINED.

SCHEDULES FOR OCCUPATIONAL CLASSIFICATIONS COVERED BY THE PSA FRONTLINE AGREEMENTERROR! BOOKMARK NOT DEFINED.

CORRECTIONS OFFICER AND RELATED POSITIONS SCHEDULE A1 34

A3.1 Administration Support Officers / Administration Officers 36 Interventions CoordinatorError! Bookmark not defined. A3.2 .......................................................................... 36 A4.1 Salary Scales ............................................... 39 A4.6 Remuneration .............................................. 42 A4.9.1 Dairy Farms ................................................ 44 MONTHS 0 2 4 6 8 10 ............................................ 55 MONTHS 0 2 4 6 8 10 ............................................ 56 Years ........................................................................ 56 Qualification Required Retiring Leave (Working Days) 56

1.0 INTRODUCTION ......................................... 59

4.0 HOURS OF WORK ...................................... 59

4.1 Standard Hours of Work .................................... 59 4.2 Additional Hours ............................................... 60 4.3 Breaks ............................................................. 61


7.0 LEAVE ......................................................... 62

7.2 Annual Leave ................................................... 62 7.5 Parental Leave ................................................. 62 7.8 Retiring, Resigning and Long Service Leave ...... 62

9.0 TERMINATION ............................................ 62

9.1 Notice .............................................................. 62

10.0 MANAGEMENT OF CHANGE ............................. 62

10.1 Organisational Change ................................. 62

SCHEDULES FOR OCCUPATIONAL CLASSIFICATIONS…………………………....29

CORRECTIONS OFFICER AND RELATED POSITIONS (A1)………………………....30

SUPPORT AND GENERAL POSITIONS (A2)…………………………………………….32

REHABILITATION AND REINTEGRATION POSITIONS(A3) ………………………….34

PRISONER/EMPLOYMENT/AND TRAINING POSITIONS(A4) ………………………..36

HEALTH SERVICES (A5)……………………………………………………………………….41

INSTITUTIONS (B1)………………………………………………………………………….47

SEVERANCE (B2)……………………………………………………………………………48

LONG SERVICE LEAVE, RESIGNING & RETIRING(B3)………………………………50

VARIABLE SHIFTS (C)…………………………………………………………………….54


1.0 INTRODUCTION

1.1 Scope

1.1.1 This Agreement constitutes a collective agreement pursuant to the provisions of the Employment Relations Act 2000 and provides the minimum terms and conditions of employment.

1.2 Parties

1.2.1 The parties to this Agreement are Department of Corrections New Zealand (the Department) and the Public Service Association (PSA).

1.3 Coverage and Classifications

1.3.1 This agreement covers the work carried out by staff of the Department who are employed in the occupational classifications in Schedule A.

1.3.2 Other work and occupational classifications may be added to this agreement as agreed in writing by the Department and PSA during the term of the agreement consistent with the provisions of 1.3.3 below.

1.3.3 Coverage is restricted to work in any position which has a maximum salary equal to or below the maximum salary of the position of PCO. There may, however, be positions classified under Administration which the parties agree fall outside of coverage. Similarly if a union member is engaged in a position for which there is no appropriate classification provided in Schedule A, the parties will negotiate to vary the agreement to include such a role in accordance with 1.4 of this agreement.

1.3.4 Staff engaged in work covered by this agreement may be employed in the following categories:

Full time - permanent or fixed term (i.e. normally work 40 hours per week)

Part-time - permanent or fixed term (i.e. normally work less than 40 hours per week).k).

Casual employees may also be employed on the terms specified in the schedules to the agreement.

1.3.5 This Agreement has no application to any staff employed on an individual agreement, unless they become a member of the PSA forgoing all rights and obligations under such individual employment agreement and electing to become covered by the terms of this Collective Agreement.


1.4 Variations

1.4.1 This agreement may be varied during its term by agreement between the parties. The process for bargaining for a variation will be:

a) the variation proposal will be provided in writing to the other party; and

b) the other party will consider and respond to the variation proposal; and

c) if either party requests, the parties will meet to negotiate the variation proposal.

1.4.2 To be effective, any variation must be recorded in writing; agreed and signed by the Department; and agreed and signed by the PSA following a ratifying vote of its members directly affected by the proposed changes.

1.5 Good Employer

1.5.1 In accordance with the State Sector Act 1988, the Department will act as a good employer in all aspects of its dealings with its employees and with the PSA as their union.

1.5.2 The Department shall operate a personnel policy containing provisions for the fair and proper treatment of employees in all aspects of their employment, including provisions requiring;

(a) good and safe working conditions; and

(b) an equal employment programme; and

(c) the impartial selection of suitably qualified persons for appointment; and

(d) recognition of the aims and aspirations, employment requirements and the need for greater involvement of, the Maori people in the Public Service; and

(e) opportunities for the enhancement of individual employees; and

(f) recognition of the aims and aspirations and employment requirements and the cultural differences of, ethnic minority groups; and

(g) recognition of the employment requirements of women; and

(h) recognition of the employment requirements of persons with disabilities.

1.5.3 The Department is committed to fair treatment of employees and equality of employment opportunities. All employees will have equal opportunity in the Department for recruitment, training and promotion regardless of gender, marital status, family responsibilities, ethnicity, disabilities, sexual orientation or age.

1.6 Treaty of Waitangi / Tiriti o Waitangi

1.6.1 The Department affirms the Treaty of Waitangi as the constitutional basis of partnership between Maori and the Crown, and the unique status of Maori as tangata whenua of Aotearoa/New Zealand and is committed to developing processes which incorporate Treaty partnership principles.

1.6.2 Nga Kaupapa Principles and Ara Poutama Values

1.6.3 The Department and the PSA agree that they will use these principles and values to help guide and support the implementation of this collective agreement.


1.6.4. The Department Ara Poutama values and the PSA’s Ngā Kaupapa principles give a cultural insight into Te Ao Maori.

1.6.5 The following Ngā Kaupapa principles and Ara Poutama values outline the underpinning engagement behaviours between the Department and the PSA:

1.6.6 Nga Kaupapa Principles

Rangatiratanga: empowering Māori leadership

Whānaungatanga: encouraging personalisation and high trust

Kaitiakitanga: protecting Māori to secure working conditions and cultural identity

Manaakitanga: encouraging health and well-being in the workplace

Wairuatanga: promoting cultural behaviour

Whakahiato Umanga: career development

Whakamana: developing effectiveness

Kotahitanga: building solidarity and unity

1.6.7 Ara Poutama Values

Rangatira: We demonstrate leadership and are accountable

Whanau: We develop supportive relationships

Kaitiaki: We are responsive and take responsibility

Manaaki: We care for and respect everyone

Wairua: We are unified and focused in our efforts

1.7 Term

1.7.1 This Collective Agreement comes into effect on [date of ratification TBA] and expires on 30 June 2021.

1.7.2 The operative dates for salaries and allowances are as recorded in the Schedules for occupational classifications.

2.0 COLLECTIVE PROVISIONS

2.1 Working Together

2.1.1 The Department aims to have effective communication so that discussions on matters relating to employment can be initiated by the PSA with the appropriate manager and by the Department with the nominated PSA representative.

2.1.2 The parties have agreed to introduce the new variable hours of work provisions in Schedule C during the term of this agreement to achieve more flexible shifts, operational benefits for the Department and a better work/life balance for custodial staff. The new variable hours of work provisions in Schedule C will take effect when the Department has systems and operations in place to enable variable hours of work shifts to be implemented.

2.2 Consultation

2.2.1 The process of change is ongoing and should form part of the organisation’s continuous improvement. The parties recognise that consultation is an essential part of that process and are committed to effective consultation.


2.2.2 Where proposals being considered by the Department may result in significant changes to the organisational structure, staffing or work practices affecting staff, the Department will notify the PSA and will provide PSA and staff with a meaningful opportunity to be involved in considering those proposals in accordance with the principles of the Relationship Agreement. In doing so, the Department will:

(a) ensure that effective consultation occurs; and

(b) provide the PSA with sufficient information to enable constructive consideration of what is being proposed and the reasons for the proposal; and

(c) allow a reasonable timeframe for the PSA and staff to respond; and

(d) keep an open mind and listen to any suggestions; and

(e) make a genuine effort to accommodate PSA views.

2.2.3 Where a decision to make a change, or to undertake a review, is beyond the control of the Chief Executive, this notification will be made as soon as possible after the decision is announced.

2.2.4 The Department has the right to plan, manage, organise and finally decide on the operations and policies of the Department, subject to the provisions of this Agreement. In doing so however, the Department accepts its responsibility to deal with the PSA and its members in good faith in accordance with the Employment Relations Act 2000. This duty of good faith includes the requirement for the parties to an employment relationship to be active and constructive in establishing and maintaining a productive employment relationship in which the parties are, among other things, responsive and communicative.

2.2.5 The Department recognises that employment conditions referred to within this Agreement may only be changed by negotiation and agreement.


2.3 Representation

2.3.1 The Department recognises the PSA as the representative of employees who are covered by this Agreement.

2.3.2 The Department recognises that in respect of any particular issue or matter PSA will determine who its representative/s will be and notify the Department. The Department will communicate with that representative or representatives.

2.3.3 In addition the Department shall recognise the role of employee representatives nominated by PSA and allow them reasonable time to carry out their functions including attending PSA sponsored training, subject to operational requirements. Such employee representatives shall be allowed reasonable use of the Department’s facilities to discharge their PSA functions, including but not limited to the Department’s email and internet facilities, computer and printing facilities, common areas and meeting rooms, subject to Department policies.

2.3.4 The Department will provide for access by paid officials and national delegates of the PSA to the workplace at any reasonable time when employees are at work on the premises. Reasonable notice must be given to the Manager concerned and there must be full compliance with all health and safety and security requirements whilst on the premises.

2.3.5 As part of the induction process for new employees, the Department will provide for the introduction of new employees to a PSA representative and forms for membership application and union fee deduction authority.

2.3.6 The Department will deduct union fees from the salaries of employees who have given appropriate written authorisation. On request, but not more than six monthly, the Department will provide PSA with a list of names of employees for whom deductions are being made.

2.3.7 The Department shall provide PSA with four hours of paid time per year to conduct meetings with members. The frequency, timing and duration of such meetings shall be as determined by mutual agreement with the Department, on the basis that arrangements are made to ensure that the Department’s operations continue during such meetings and provided that the Department shall not unreasonably withhold approval for proposed meetings.

2.3.8 Payment for attendance at PSA meetings shall be limited to continuation of salary for those employees scheduled to work at the time the meeting is held.

2.3.9 The above provisions shall be inclusive of the entitlements under sections 20-26, 55 and Part 7 of the Employment Relations Act 2000.

2.4 Employment Relations Education Leave

2.4.1 The PSA will by 1 March of each year notify the Department the amount of employment relations leave it believes it is entitled to, according to the provisions of the Employment Relations Act 2000.


2.5 Relationship Agreement

2.5.1 The Department and the PSA share a mutual goal to achieve a constructive relationship that is characterised by trust, openness and commitment. Such a relationship is an essential element in enabling employees to collectively participate in their workplaces to the extent possible while recognising the Chief Executive’s ultimate responsibility for management under the State Sector Act.

2.5.2 The principles for engagement between the PSA and the Department are set out by way of a Relationship Agreement agreed between the parties.

3.0 PROFESSIONAL AND PERSONAL DEVELOPMENT

3.1 Professional Service

3.1.1 The Department’s primary goals are to improve public safety and to reduce reoffending through the delivery of a “needs-based” and integrated professional service.

3.1.2 Employees will be developed and supported in fulfilling these goals and given the opportunity to develop their experience and capabilities, including to achieve recognised qualifications on the New Zealand Qualifications Framework, so that the Department can acknowledge employees’ skills and offer clear career paths.

3.2 Efficiency & Flexibility

3.2.1 Hand in hand with professional service is a commitment to increasing efficiency and flexibility such that all stakeholders have confidence in what the Department does.

3.3 Personal Development & Performance

3.3.1 The Department will provide appropriate training to enable employees to perform their role safely and efficiently, including a schedule of core training programmes appropriate to the position for newly appointed and for existing employees.

3.3.2 Employees have a responsibility to participate in the training opportunities offered and continue to improve their level of competency.

3.3.3 The Department may approve leave to enable employees to undertake a course of study to complete qualifications, to attend courses and seminars and to undertake research projects which are relevant to the Department and which facilitate the wider growth and development of the employee concerned.

3.3.4 Performance reviews will be conducted by the appropriate manager to review performance, set targets for the future and identify an employee’s development needs. All performance targets will be specific, measurable, achievable, realistic and time-based.


3.4 Corrections Officer Development Pathway

3.4.1 The purpose of this agreed Corrections Officer Development Pathway (CODP) is to ensure that newly appointed custodial staff can operate successfully in the workplace. During the CODP, Corrections Officers will have their performance assessed and will be advised of any areas they need further development in prior to a final assessment.

3.4.2 All newly appointed staff to any of the custodial positions are employed subject to successful completion of the Corrections Officer Development Pathway (CODP) to the required level.

3.4.3 If a newly appointed staff member does not meet the required level at the end of the CODP, the Department will discuss options with the employee, which may result in termination of their employment.

4.0 HOURS OF WORK

4.1 Standard Hours of Work

4.1.1 The standard hours of work are as either:

(a) non-rostered staff employed to work standard hours of 40 per week, 8 per day, Monday to Friday inclusive, between the hours of 7am and 6pm. By agreement between the staff member and their manager the daily hours may be worked outside the above hours; or

(b) rostered staff employed to work standard hours of 40 per week, 8 per day, to be worked on any five days of the week Monday to Sunday inclusive, between the hours of 7am and 6pm. By agreement between the staff and their manager the daily hours may be worked outside the above hours; or

(c) shift staff employed to work standard hours of 80 per fortnight, 8 per day on any 10 days of the fortnight in accordance with a cyclic roster published not less than 10 days in advance. The published roster may be varied by agreement between an individual staff member and their manager. Wherever practical the days off shall be 2 consecutive days per week, provided that in any fortnight a period of one day off may be given in one week if the other three days off are consecutive.

4.1.1.1 An annual Variable Shift Allowance (VSA) of $1200 with effect 15 July 2019 (increasing

to $1500 on 1 July 2020) is payable on a fortnightly basis to staff as specified below:

a. Custodial staff employed in positions listed in Schedules A1 and A4, except for casuals, will receive the Variable Shift Allowance..

b. Non custodial staff employed in positions listed in Schedules A2, A3 and A5 have

not moved to variable hour shifts and will not receive the Variable Shift Allowance, except as agreed between the parties.

4.1.2 The standard hours may be varied by agreement between the Department and the PSA to meet the needs of a particular service or group of services. Where any such variation applies to an occupational group, the agreed arrangements for hours of work will generally be recorded in the schedule of conditions that apply to that group of employees. In other cases, including situations where different hours of work are agreed for a service, the proposal to vary the hours of work will be progressed using the Variation provision of Clause 1.4 of this agreement.


4.1.3 All staff employed on shift work has a responsibility to ensure an effective handover, both with the person they replace and with the person who replaces them.

4.1.4 Staff who intend to be absent from work on any day must, where practicable, advise their manager at least thirty minutes before their normal start time.

4.1.5 Except in the case of an emergency, employees should not be expected to work more than sixteen (16) consecutive hours unless approved by the Regional Commissioner.

4.1.6 Except in the case of an emergency, employees are entitled to a minimum break of ten (10) hours between shifts unless approved by the Regional Commissioner.

4.2 Additional Hours

4.2.1 All employees may be required by the Department to work reasonable additional hours to meet organisational needs, but the Department shall endeavour to minimize the extent to which employees are required to work additional hours.

4.2.2 If an employee is called back to work having ceased work, or before the normal time of starting work, each callout will be paid at minimum of three additional hours, except that more than one callout completed within three hours will be regarded as one callout.

4.2.3 Except in the case of emergency, when staff are required to work additional hours the work will be arranged so they have a break of at least ten consecutive hours between the end of work on one day and the scheduled start time the following day.

4.2.4 Where the Department requires an employee to work one or more additional hours immediately following their duty a suitable meal will be supplied on request. The type of suitable meal provided will be the subject of consultation and may vary from site to site. Where an employee is working at a distance from their work base, and it is not practicable to provide a meal in these circumstances, an alternative arrangement will be agreed.

4.2.5 Where the Department requires staff to be on stand-by or on-call they will be paid $30.00 per day with effect from 15 July 2019while so required (increasing to $$35.00 from 1 July 2020). Note: This standby allowance does not apply to staff covered by Schedule A2.

4.2.6 Where an employee is required by the Department to work additional hours and:

a) those hours are not immediately before the employee’s normal start time or immediately following the employee’s normal finishing time; and

b) the employee uses his or her own vehicle to travel from home to work;

The Department will reimburse the employee for the trip to and from his or her home at the mileage rate promulgated annually by the Commissioner of the Inland Revenue. During the term of this agreement the current IRD rate will be paid from the date of ratification, with any subsequent change announced during the term of the agreement payable from the date of IRD publication. (Note: This rate is payable for the first 5,000km only in each year commencing 1 April, with any additional travel paid at 19 cents per km).

4.3 Breaks

4.3.1 The timing of breaks will occur in a manner which is least disruptive to operational needs. Typically a normal day’s work includes one unpaid break up to 60 minutes which should be taken around the middle of the work period, and two 10 minute breaks during


the day, one of which should be taken before the meal break and one after the meal break.

4.3.2 In the case of shift work, and in other situations where hours of work are continuous and where the Department requires an employee to remain responsible for the security of prisoners, such breaks are taken “on the job” and employees must remain immediately available for any duty that may arise.

5.0 REMUNERATION

5.1 Salary

5.1.1 The minimum salaries payable are specified in the relevant schedule for each group of occupational classifications.

5.1.2 Payment will be made fortnightly by direct credit to the employee’s nominated bank account.

5.1.3 For part time employees the respective annual salary shall be pro-rated. The additional hours rate does not apply until 40 hours have been worked in any week.

5.1.4 Except in the case of authorised paid leave, if an employee fails to work their standard hours the Department may make an appropriate deduction from his/her fortnightly salary.

5.2 Deductions

5.2.1 Where appropriate written authorisation is given, the Department will make up to two deductions from a staff member’s salary and make corresponding payments to those organisations specified, provided such organisations are listed in the Department’s deductions policy.

5.2.2 Overpayment Recovery Procedures: Attention is drawn to the Wages Recovery Act 1983. The provisions of the Act, or any amendment or Act passed in substitution, shall apply.

5.2.2.1 Where an employee has taken leave in advance of it becoming due, and the employee leaves before the entitlement has accrued, the employer will deduct the amount owing in excess of entitlement from the employee’s final pay.

5.2.2.2 Any moneys agreed as being owed by the employee to the employer will be deducted, following consultation with the employee, from their final pay.

5.3 Superannuation Savings Schemes

5.3.1 The Department will make the required employer contribution to an employee’s KiwiSaver account, provided the employee meets the residency and age requirements of that savings scheme.

5.3.2 Where an employee is a contributing member of either the State Sector Retirement Savings Scheme or the Government Superannuation Fund (both of which schemes are now closed to new members) the Department will make the required employer's contribution, together with any tax required to be paid on that contribution by the employer. Members of those schemes may also join KiwiSaver, but the Department will only pay the employer contribution to one savings scheme.


5.4 Expenses

5.4.1 The Department will reimburse all actual and reasonable expenses incurred by an employee while travelling for work. These will include, but are not limited to meals and incidental expenses such as travel costs and phone calls. This may also cover reasonable costs of staying privately.

5.4.2 Staff will be reimbursed up to $25.30 per day with effect 15 July 2019 without production of receipts (increasing to $25.93 from 1 July 2020 ). Claims for more than this amount will require receipts.

5.4.3 Staff required to travel on official business will be entitled to obtain an advance of up to 90% of expected expenditure prior to undertaking the travel. The amount of the anticipated expenditure is expected to be agreed between the affected staff member(s) and their manager prior to the travel occurring.

5.5 Living Away from Home Allowance 5.5.1 Where staff are required to live away from home (e.g. because of a secondment to

another prison) for a period of at least 5 consecutive nights they shall be paid a taxable allowance of $75.00 day.

5.5.2 This allowance covers evening meals and incidentals. This will be paid fortnightly via the payroll system. Breakfast and lunch will be provided either on site or as part of the accommodation arrangement.

5.5.3 This allowance is in place of, not in addition to, expenses that would otherwise be paid in accordance with 5.4 of this collective agreement. This allowance will be paid when staff are either travelling or away from home for work, but not when they are on training, annual leave or RDOs at home

6.0 HEALTH AND SAFETY

6.1 Health and Safety Obligations

6.1.1 It is the responsibility of both the Department and employees to ensure there is mutual commitment to the obligations for health and safety in the workplace under the Health and Safety at Work Act 2015 (HSWA), Regulations and Codes of Practice.

6.1.2 The Department recognises the important role that the PSA (including its officials, site representatives and elected health and safety representatives) have in ensuring that the workplace is safe and healthy. The Department recognises the important role that the PSA (including its officials, site representatives and elected health and safety representatives) have in ensuring that the workplace is safe and healthy. Formal healthy and safety engagement structures between the PSA and the Department are set out in the Worker Engagement Participation and Representation Agreement.

6.1.3 The Department and the PSA agree there is a mutual commitment to constructively engage with each other to support the Department to meet its HSWA obligations.

6.1.4 The Department’s responsibilities in relation to health and safety include:

Providing and maintaining a healthy and safe work environment; and

A commitment to ongoing engagement and/or consultation with PSA in the management of risks and the development and implementation of safe work practices and related workplace policies and processes; and


Working with PSA and their health and safety representatives to provide a workplace where employees can be safe and secure; and

Providing and maintaining facilities for the welfare of employees in the workplace; and

Providing all necessary training and instructions to employees; and

Notifying and advising PSA of all notifiable events, impacting on PSA members as defined by s25 HSWA;and

Provide PSA a copy of the Department’s notification to the Regulator; and Provide PSA with access to all relevant information relating to the notifiable

event in accordance with s57 of HSWA; and

Making sure machinery and equipment is safe; and

Making sure working arrangements are not hazardous; and

Providing procedures to deal with work emergencies; and

Ensuring health and safety employee engagement and participation processes are in place.

Inviting a PSA delegate to attend meetings that are undertaken as part of the Department’s formal site Health and Safety committee structure.

6.1.5 Employees responsibilities in relation to health and safety include:

Report any potential risks, incidents and near misses so the Department can investigate, and eliminate or minimise harm or risk of harm; and

Taking reasonable care to look after their own health and safety at work, their fitness for work and the health and safety of others. Examples of this include:

Presenting themselves for work fit to carry out their assigned duties; and Following all reasonable health and safety rules and instructions; and Participating in health and safety discussions; and Exercising their right to refuse to do unsafe work; and Taking reasonable care that their actions (or inactions) do not cause harm,

or risk of harm, to themselves or others; and Not reporting for duty under the influence of alcohol or drugs that impair

their performance or fitness for work; and Wearing all necessary personal protective equipment and clothing

6.1.6 The employee must report any potential risks, incidents and near misses so the Department can investigate, and eliminate or minimise harm or risk of harm.

6.1.7 Failure to follow reasonable health and safety policies and procedures may be considered serious misconduct.

6.2 Physical Readiness Assessment (PRA)

6.2.1 The Department has developed a Physical Readiness Assessment (PRA) for all new and existing custodial staff. The development and implementation of the PRA has been carried out in consultation with the PSA.

6.2.2 The purpose of the PRA is to ensure that custodial staff are fit to carry out their roles as required under clause 6.1.1 and come to the aid of other staff when necessary. It is essentially a safety initiative.

6.2.3 In developing the PRA a fundamental principle was that the assessment should reflect the work of custodial staff and their ability to fulfil the physical requirements of custodial roles, rather than be a generalised test of fitness. This means that the PRA, as it has been developed for implementation purposes, reflects the performance levels of the current workforce.

6.2.4 The PRA will be reviewed by the Department every two years, in consultation with the PSA, for existing employees.


6.2.5 The Department will have the sole discretion to set the entry-level fitness standard for any pre-employment PRA for new recruits and for special roles such as Advanced Control and Restraint team members.

6.2.6 The PRA is contained in the Physical Readiness Assessment (PRA) Assessor Handbook (draft 07, 10 October 2016). Where the Department seeks to significantly change the physical or performance requirements of the PRA, it will do so by agreement with the PSA in the first instance. Such agreement shall not be unreasonably withheld or unreasonably delayed by the PSA.

6.2.7 The parties agree that a significant change means any change that affects the structure of the test or how the test is conducted and increases the physical or performance requirements of the PRA. This includes but is not limited to aspects such as timing, physical material/components/layout, and clothing.

6.2.8 Where other matters arise in relation to the PRA that are not material or are of less significance, but require change to the PRA to ensure that assessments are carried out effectively and efficiently (e.g. change in recording devices or service providers) these would occur through the usual consultation processes.

6.2.9 Custodial staff in the amber and red zones will be provided with assistance to improve their performance and will make every reasonable effort to reach the green zone. No adverse employment consequences will arise solely from an amber zone rating.


6.3 Health

6.3.1 It is essential that staff present themselves for work fit to carry out their assigned duties.

6.3.2 The Department recognises that a staff member with impaired work performance should receive early assistance. An assistance programme is available for staff who may have personal problems that may be disrupting their work or home life. Under this scheme staff can seek assistance on a confidential basis. Any decision to seek counselling will not jeopardise job security or continuity of service.

6.4 First Aid and Vaccinations

6.4.1 The Department will provide appropriate first aid facilities, and protective clothing and equipment appropriate to the work conditions, which must be worn.

6.4.2 The Department will provide Hepatitis B, influenza and other preventative vaccinations as required on the guidance of the Ministry of Health.

6.5 Medical Examinations

6.5.1 Employees may be required to undergo medical examinations during their employment, as directed by the Department, to assess whether they continue to meet the requirements of their role.

6.5.2 If an employee suffers a work injury they may be required to undergo a medical examination by a registered medical practitioner and/or specialist nominated by the Department, in order to assess their suitability for work based rehabilitation programmes.

6.5.3 The cost of such examinations will be paid by the Department.

6.6 Drugs and Alcohol

6.6.1 The possession or consumption of illegal drugs at any time and attendance at work when impaired by alcohol or drugs is inconsistent with the principles of Professional Service and presents a health and safety risk.

6.6.2 Possession or consumption of illegal drugs and consumption of alcohol to the extent of being unable to perform duties properly or safely will not be tolerated.

6.7 Eye Examination and Eyewear

6.7.1 The Department’s policy for the provision of biennial eye examinations and the reimbursement of expenses relating to eyewear or contact lenses will apply. The policy covers all permanent employees with 12 months continuous service as follows:

occupational use of a VDU for at least 50% of their normal working day; and/or

required to regularly drive a departmental vehicle; and/or

any other agreed relevant occupational use e.g. safe use of machinery.

6.7.2 Total reimbursement levels for the first examination and, if needed, contribution towards the cost of frames and lenses (single, bifocal, progressive or graduated) or contact lenses, is $400. Frames are covered only as a one off initial cost.

6.7.3 The reimbursement level for subsequent examinations and any replacement lenses (or complete glasses where this is a more cost effective option) as required is up to a


maximum of $275 (inclusive of GST) per time, provided that no less than 24 months is required between claims under this policy.

6.8 Operating Capacity

6.8.1 The maximum capacity of each institution at the start of this agreement shall be recorded at the prison concerned, and a copy provided to the PSA.

6.8.2 Where in any institution there are cells designated for “at risk” prisoners, such cells shall be used for “at risk” prisoners only unless otherwise agreed.

6.8.3 The maximum capacity is not to be exceeded and every endeavour shall be made to reduce the number of prisoners when the agreed maximum capacity is reached.

6.8.4 The maximum capacity shall only be varied when:

Extra prisoner accommodation and facilities are made available.

Existing prisoner accommodation and/or facilities are made unavailable.

6.8.5 The variation shall be according to the capacity of the prisoner accommodation and facilities.

6.8.6 All newly built accommodation shall be one prisoner per cell unless cells have been specifically designed for more than one prisoner.

6.8.7 The maximum capacity shall only be varied after the Regional Commissioner and the PSA have consulted and negotiated on staffing arrangements and facilities in relation to the variation. The agreed Protocol for Managing Variations to Operating Capacity shall be used for this purpose. Written confirmation of any change to the maximum operating capacity in any institution shall be promptly forwarded to the PSA.

6.9 Emergency Maximum Operating Capacity

6.9.1 These provisions are applicable only to emergency unplanned increases in muster levels at a prison where it has not been possible for the parties to use the provisions in 6.8 above, or additional staffing has not been provided.

6.9.2 Where the maximum operating capacity is exceeded and alternative prisoner accommodation is to be used, either off-site or on-site, then contingency plans will be implemented. In this event staff such as PCOs, SCOs, COs, Case Managers, Administrators and Nursing Staff, who are directly involved, either off-site or on-site in the management of the prisoners as approved by the Prison Director, will be paid an allowance of $35 per shift.

6.9.3 Where the maximum operating capacity at MECF, SHCF, Rimutaka or Christchurch Men’s is exceeded by 3% or more an allowance of $35 per shift will be paid to all employees working at that site, for the period that maximum operating capacity remains exceeded by 3% or more. Where any other prison’s maximum operating capacity is exceeded by 5% or more an allowance of $35 per shift will be paid to all employees working on that site, for the period that maximum operating capacity remains exceeded by 5% or more.

6.9.4 No employee shall receive payment under both 6.9.2 and 6.9.3 concurrently.


7.0 LEAVE

7.1 Public and Development Holidays

7.1.1 Except as provided below, public holidays shall be in accordance with the provisions of the Holidays Act 2003 and subsequent amendments.

7.1.2 The Department will nominate one day per year as a Development Holiday. This day will usually be the day after Boxing Day. Staff who are required to work on the Development Holiday are paid at ordinary time but entitled to a day off in lieu.

7.1.3 An employee who is employed on a part time basis will be entitled to a Development Holiday only where it falls on a day that they normally work.

7.1.4 An employee may be required to work on a Public Holiday or Development Holiday provided the day on which the holiday occurs would otherwise be a working day for them.

7.1.5 An employee who does actually work on a Public Holiday shall be paid not less than time and a half of their relevant daily pay as defined in the Act.

7.1.6 Provided the day on which the Public Holiday occurs would otherwise be a working day for them, such employees will also be entitled to an Alternative Holiday paid at their relevant daily pay on the day the Alternative Holiday is taken.

7.1.7 For a full time shift/rostered worker, if a public holiday or the Development Holiday is observed on an off duty day, they shall be granted a day in lieu. Such days in lieu are not Alternative Holidays under the Act, however they shall be taken in accordance with the provisions of the following clause.

7.1.8 Alternative holidays shall be taken at times that are mutually agreed or, if not agreed, as reasonably determined by the employee taking account of the employer’s view, provided that all such days are taken within 12 months of them falling due. If more than 12 months have past since the Alternative holiday became due, the Department may reasonably determine when the Alternative holiday is taken, taking into account the employee’s view. In both of the above cases 14 days notice of taking the Alternative holiday is required. Except as otherwise agreed between the Manager and the individual staff member, alternative holidays may not be taken on a public holiday.

7.1.9 Where a Public Holiday falls during a period of Annual Leave, Sick Leave on pay or Special Leave on pay, employees are entitled to the holiday which shall not be debited against annual leave or sick leave.

7.2 Annual Leave

7.2.1 Except as provided below, annual holidays shall be in accordance with the Holidays Act 2003 and subsequent amendments.

7.2.2 Employees employed by the Department are entitled to a minimum of 4 weeks annual leave in accordance with the Holidays Act.

7.2.3 Pursuant to s 17(1) of the Holidays Act 2003, the entitlement of full time workers to four weeks annual holiday is to be met with the provision of 160 hours of holidays per annum, paid in accordance with the Holidays Act (or any superseding legislation). This will be pro-rated for part time workers.


7.2.4 The Department and the PSA will agree on what constitutes four weeks annual holiday for those employees covered by Schedule A 2.8.1(b)-(d). This will be pro-rated for part time workers working part of the standard ordinary working week or roster, as the case may be.

7.2.5 After six years current continuous service employees will be entitled to an additional week of annual leave for the sixth and subsequent years of continuous service.

7.2.6 On the completion of one year’s employment on shift work an employee will be granted one additional week of annual leave.

7.2.7 Employees are permitted to anticipate up to half of their next year's annual leave entitlement by agreement with their manager, subject to a refund on termination if necessary.

7.2.8 Holiday pay for annual holidays will normally be paid in the usual pay cycle but employees can request payment of holiday pay for periods of one week’s holiday or more prior to commencement of the annual holiday. Notice of this request must be given to payroll no less than two weeks prior to the commencement of the annual leave in order to enable processing.

7.2.9Casual employees are not entitled to the above provisions, provided that their hourly rate is inclusive of holiday pay.

7.3 Sick Leave

7.3.1 Permanent employees are entitled to up to 10 days paid sick leave per year. Such leave may be used for personal illness or injury or in circumstances when the employee is required to be absent from work due to an illness or injury of his/her spouse or a dependant, including the illness or injury of a caregiver. Unused sick leave may be accumulated up to a total of 260 days.

7.3.2 Other employees may qualify for 5 days sick leave for the following year if over a period of six months they work at least an average of 10 hours per week, and no less than one hour in every week during that period or no less than 40 hours in every month during that period.

7.3.3 Generally medical certificates are not required, but with good cause a manager may require an employee to present a medical certificate. However, in the case of absences of less than three consecutive calendar days, the Department must promptly advise the employee of the requirement to produce the certificate and shall pay the employee’s reasonable costs of obtaining the certificate.

7.3.4 Casual employees are entitled to five days non cumulative paid sick leave per year which may be used if they have been notified of the requirement to work or while at work are unable to work due to sickness. Such leave may also be used in circumstances where the employee is required to be absent from work due to an illness of his/her spouse or a dependant, including the illness of a caregiver.

7.4 Tangihanga/Bereavement Leave

7.4.1 An employee shall be granted leave on pay to discharge their obligations and/or pay their respects to a deceased person with whom they have had a close association. Such obligations may exist because of blood or family ties or because of particular cultural requirements such as attendance at all or part of a tangihanga (or its equivalent). In granting time off the manager shall administer these provisions in a culturally sensitive


manner taking into account the closeness of the relationship between the employee and the deceased, whether the employee has to take significant responsibility for any or all arrangements to do with the ceremonies resulting from the death, the amount of time needed to discharge properly any obligations or responsibilities, reasonable travelling time which in the case of overseas travel may not be for the full period of travel, and the need to make a prompt decision. This leave may interrupt other leave the employee is on at the time.


7.5 Parental Leave

7.5.1 Parental Leave shall be granted in accordance with the Parental Leave and Employment Protection Act 1987, and subsequent amendments.

7.5.2 Where an employee becomes entitled to annual leave during or after a period of parental leave the annual leave will be paid at the employee’s ordinary pay or the employee’s average weekly earnings for the 12 months immediately before the end of the last pay period before the annual holiday, whichever is higher.

7.5.3 If an employee is entitled to Parental Leave of up to 12 months and returns to duty before or at the expiration of the leave and completes a further 6 months service they qualify for a payment equivalent to 30 working days leave on pay ie at the rate applying for the 30 working days immediately preceding their ceasing duty. If an employee is absent on Parental Leave for less than 6 weeks (30 working days) they will receive that proportion of the payment that their absence represents in working days.

7.5.4 The above payments do not apply if the employee’s partner receives a similar payment from another state sector employer.

7.6 Special Leave

7.6.1 Special leave with or without pay may be approved by an employee’s manager according to the terms set out in Department policy and delegations.

7.7 Sabbatical

7.7.1 Union members who have completed 10 years service are eligible, once only, for unpaid sabbatical leave of up to 12 months. Requests for such leave must be made three months before the proposed start date of the leave.

7.7.2 Such employees have the right to return to the role held at the start of the Sabbatical, subject to there being a suitable vacancy at the end of the sabbatical leave. If there is no suitable vacancy available, the employee shall have preference for re-employment which will exist for three months from the date the intention to return to work is notified in writing to the Department. Written advice must also be given to the recruiting manager that the entitlement is being exercised at the time when the application for a position is made.

7.8 Retiring, Resigning and Long Service Leave

7.8.1 Entitlement to Retiring, Resigning and Long Service Leave shall be in accordance with clauses 8.12, 8.13 and 8.11 of the 1996/97 PSA Public Prisons CEC (a copy of the main provisions is set out in Schedule B3 of this Agreement), provided that in respect of an employee employed by the Department after 10 December 1998 only current continuous service with the Department shall be recognised.


8.0 GENERAL

8.1 Confidentiality

8.1.1 An employee must not publish or disclose any information or knowledge which they may acquire or have acquired during their employment with the Department concerning the business affairs, confidential matters, business opportunities, property, customers, prisoners, clients or other staff of the Department

8.1.2 The above restrictions apply both during employment and after termination.

8.2 Intellectual Property

8.2.1 Intellectual property rights for methodologies, systems, designs or any other product or service an employee may develop in the course of their employment with the Department, remains the property of the Crown.

8.3 Computer Systems

8.3.1 The Department has a policy on acceptable use of technology including E-mail and internet use. These are updated and revised from time to time and access and use remains subject to the conditions of the relevant policy.

8.3.2 The Department’s E-mail systems are only to be used for departmental business and for the distribution of PSA material, subject to Clause 2.3 of this agreement or as otherwise approved by the Department. Use of the equipment for private purposes is strictly prohibited.

8.3.3 Employees are prohibited from copying software that is protected by copyright or a licensing agreement whether the use of such software is for personal or business purposes, unless written approval is first granted by the owner or licensor of the software concerned.

8.3.4 The introduction of any software into the computer network is prohibited unless authorised by the designated network controller.

8.4 Indemnity

8.4.1 An employee will not be personally liable for any liability of the Department, or for any act done or omitted by the Department or any other employee of the Department, in performing the functions of the Department in good faith.

8.5 Personal Presentation

8.5.1 Staff are required to comply with professional standards of personal presentation appropriate to their role.

8.5.2 Where uniforms are specified by the Department they must be worn at work. Any proposal by the Department to change a current uniform issue will be the subject of consultation with the PSA.

8.5.3 Uniform issues remain the property of the Department and will be replaced only when warranted, subject to return of the used items.

8.5.4 Employees are responsible for cleaning their uniform. However, the current practice of dealing with specific issues in respect of soiling or damage on a case by case basis in a reasonable manner will continue.


8.6 Harassment

8.6.1 Harassment in any form is prohibited. 8.6.2 By definition, an employee is sexually harassed if that employee's employer or a

representative of that employer:

directly or indirectly makes a request of the employee for sexual intercourse, sexual contact, or other form of sexual activity which contains:

an implied or overt promise of preferential treatment in that employee's employment; or

an implied or overt threat of detrimental treatment in that employee's employment; or

an implied or overt threat about the present or future employment status of that employee; or

by:

the use of language (whether written or spoken) of a sexual nature; or

the use of visual material of a sexual nature; or

physical behaviour of a sexual nature; or

directly or indirectly subjecting the employee to behaviour which is unwelcome or offensive to that employee (whether or not that is conveyed to the employer or representative) and that either by its nature or through repetition, has a detrimental effect on that employee's employment, job performance, or job satisfaction.

8.6.3 An employee is also sexually harassed if the actions described above are carried out by a co-employee or by a client or customer of the employer.

8.7 Family Violence Support 8.7.1 The Department recognises that when employees experience domestic violence in their

personal life, their attendance, performance, or safety at work may be affected. Corrections has a “Family Violence in the Workplace” policy, which has a range of options for employees who are experiencing family/domestic violence. These include, but are not limited to:

changes to their span or pattern of working hours, location of work or duties

other flexible work arrangements;

a change to their work telephone number or email address;

special paid leave 8.7.2 Employees experiencing family violence will have direct access to the Employee

Assistance Programme and/or other specialist services.


9.0 TERMINATION

9.1 Notice

9.1.1 Except in the case of casual employees, four weeks’ notice of termination of employment must be given unless otherwise agreed by the employee and their manager.

9.1.2 Employment may be terminated by the Department with a lesser period of notice, or without notice, in the case of serious misconduct.

9.1.3 On termination a certificate of service will be provided on request.

9.2 Retirement

9.2.1 Subject to other provisions of this Agreement, an employee may continue in the employ of the Department and they shall not be required to retire at any particular age. If an employee wishes to retire he/she must give the required notice.

9.2.2 An employee may be required to retire on medical grounds following a medical assessment by two independent medical practitioners. In such cases, retiring leave will be allowed as provided in Clause 7.8 of this agreement.

10.0 MANAGEMENT OF CHANGE

10.1 Organisational Change

10.1.1 The process of change is continuous and forms part of the Department's continuous improvement. Sometimes this change has implications for employees in their jobs. Each change situation needs to be managed in a way that achieves the Government and Department’s required outcomes and ensures that employees’ needs are recognised, and their rights and entitlements are observed.

10.1.2 The Chief Executive has ultimate responsibility for the management of the Department and will make the final decision on matters related to any structural change and its implementation where, following consultation and genuine consideration of feedback received, a shared view cannot be reached.

10.1.3 Where organisational change is being considered that may result in positions no longer existing, consultation with the PSA shall take place in accordance with section 2 of this Agreement, prior to a decision being made. Where appropriate the Department and the PSA may develop a protocol for managing change for a specific event or group of employees, as part of the consultation process and within the context of section 10 of this collective agreement.


10.1.4 If as a result of organisational change, a staff member’s position no longer exists or the staff member can no longer be employed at their current position, salary or work location the following options will be considered. These options are not to be applied in any order of priority, with the exception of severance which is a last resort.

a) Reconfirmation Reconfirmation means placement to a position where the duties are the same (or very nearly the same), the salary is the same, the new position has terms of employment including career prospects which are no less favourable and the location is the same. If an employee is offered a suitable reconfirmation and chooses not to accept it, their employment will be terminated on notice and no severance shall be payable.

b) Reassignment Reassignment means placement in a different suitable position. "Suitable" means a job in the same locale that does not involve so significant a change in duties as to be unreasonable when taking into consideration the employee’s skills, abilities and potential to be retrained.

Where reassignment involves a position at a lower salary the employee may elect one of the following options:

A lump sum to make up for the loss of basic salary for the next two years.

An ongoing allowance equivalent to the difference between the present salary and the new salary for a maximum of two years, except in the case of arrangements entered into prior to 10 December 1998 which shall continue according to their tenor. The allowance is abated by any subsequent salary increases.

If an employee is offered a suitable reassignment and chooses not to accept it, their employment will be terminated on notice and no severance shall be payable.

c) Retraining The terms and conditions of retraining may involve retraining without pay or on pay and are subject to discussion and agreement with the employee.

d) Job Search Job Search may be agreed between an employee and their manager. This means that the Department will undertake to assist an employee to find alternative employment outside the Department. Criteria for a suitable position are agreed before the job search begins and if the criteria are met, the employee is committed to accepting a suitable appointment if it is offered to them.

e) Part Time Employment An employee may voluntarily change to part time employment if this is available. Any compensation is subject to agreement between the employee and their manager.

f) Temporary Employment An employee and the Department may agree to the employee undertaking alternative work for a temporary period, at the end of which, the employee will be entitled to a consideration of the other organisational change options.

g) Special Leave Special leave with or without pay may be agreed with or without a guarantee of job placement at the end of the period.


h) Severance Where an employee’s position has been disestablished, every effort will be made to place them in alternative employment within the Department. However the payment of severance will be available as a last resort when all the management of change options have been exhausted. The severance provisions, including cessation leave, shall be in accordance with the 1996/97 PSA Public Prisons CEC (a copy of the main provisions is set out in Schedule B2 to this Agreement), provided that in respect of employees employed by the Department after 10 December 1998 only current continuous service with the Department shall be recognised.

Employees employed on a casual, temporary or fixed term basis have no entitlement to the above severance provisions.

i) Review Procedure Where an employee is unhappy with any action taken during the above options then a review will be undertaken by the Regional Commissioner, or a manager at a comparable level, and a representative of the PSA. Where, as the result of such a review agreement cannot be reached, the matter shall be referred to the national offices of the Department and the PSA to seek resolution.

10.2 Employee Protection

10.2.1 In the event of restructuring as defined in Part 6A of the Employment Relations Act 2000 which will result in the work of any employees covered by this Agreement being performed for a new employer, the process the Department will follow in negotiating with a new employer about the restructuring, to the extent that it relates to affected employees, will be as follows:

The Department will provide the prospective new employer with details of the current terms of employment for affected employees;

The Department will seek a proposal in relation to the following matters in order to negotiate those further with the prospective new employer:

o whether or not the prospective new employer is prepared to offer employment to all or any affected employees; and

o the terms on which the prospective new employer may be prepared to offer employment to such employees, including:

whether any service related and redundancy conditions will be recognised;

any conditions relating to superannuation;

whether service will be treated as if it were continuous;

whether the employment will remain in the local area; and

whether the employees will be employed in substantially the same capacity or in a similar capacity.

It is acknowledged that any such negotiations will occur within the context of the policy settings and parameters set by Government and within which the Department must operate, and subject to the objectives of the restructuring itself.


Once the commercial contractual arrangements are finalised with the prospective new employer, including the terms on which employees may be offered employment, affected employees will be advised of their entitlements under this agreement.

10.3 Sale or Transfer

10.3.1 Where an employee’s employment is being terminated by the Department by reason of the contracting out, sale or transfer by the Department of the whole or part of its business, nothing shall require the Department to pay compensation for severance to the employee if:

The person or organisation acquiring the business or part being sold or transferred:

has offered the employee employment in the business or part being sold or transferred; and

has agreed to treat the service as if it were continuous service with that service or organisation; and

The conditions of employment being offered to the employee by the service or organisation acquiring the business or part being sold or transferred are substantially the same as, or more favourable than, his/her conditions of employment including:

any service related and redundancy conditions; and

any conditions relating to superannuation under the employment being terminated; and

The offer of employment by the service or organisation acquiring the business, or part being sold or transferred is an offer to employ the employee in the business either:

in substantially the same, or in a similar capacity as that in which the employee was employed; or

in a capacity that the employee is willing to accept; and

that the employment remains in the local area.


11.0 PRINCIPLES FOR DISCIPLINARY MATTERS

11.1. The following principles will be followed, when dealing with disciplinary matters:

11.1.1 The employee must be advised of their right to request union assistance or representation at any stage.

11.1.2 The employee must be advised of the specific matter(s) causing concern and a reasonable opportunity provided to state reasons or explanations

11.1.3 The employee must be advised of the corrective action required to amend their conduct and be given a reasonable opportunity and assistance (where appropriate) to do so.

11.1.4 Before any substantive disciplinary action is taken an appropriate investigation is to be undertaken by a manager.

11.1.5 Depending on the seriousness of the misconduct an oral warning should usually precede a written warning.

11.1.6 In the case of a finding of serious misconduct an alternative sanction to dismissal may be considered such as a final written warning and demotion of rank (along with a reduction of salary) for 12 months.

11.1.7 The process and results of any disciplinary action is to be recorded in writing, sighted and signed by the employee and placed on their personal file.

11.1.8 If the offence is sufficiently serious the employee may be suspended pending an investigation.

11.1.9 If the employee is aggrieved by any action taken by the Department he/she must be advised of their right to pursue a personal grievance in accordance with the appropriate procedure as set out in section 12.


12.0 EMPLOYMENT RELATIONSHIP PROBLEMS

12.1 Right to Representation

12.1.1 Members of the PSA have a right to union representation in regard to any employment relationship problem.

12.2 Definitions

12.2.1 “Employment Relationship Problem” includes a personal grievance, a dispute, and any other problem relating to an employee’s employment. However, it does not include any problem to do with the negotiation of new terms and conditions of employment.

12.2.2 “Dispute” means a disagreement about the interpretation, application or operation of an employment agreement.

12.2.3 “Personal Grievance” means a claim by the employee against the Department that:

The employee has been unjustifiably dismissed; or

The employee has been disadvantaged in employment by an unjustifiable action of the Department; or

The employee has been discriminated against in employment; or

The employee has been racially or sexually harassed in employment; or

The employee has been subject to duress because of membership or non-membership of a union or employees’ organisation.

12.3 Raising an Employment Relationship Problem

12.3.1 Where an employee considers they have an employment relationship problem the matter should be discussed with their manager at the earliest opportunity, in an endeavour to resolve the matter promptly by direct discussion.

12.3.2 If the matter is not resolved, the employee should put the complaint in writing to their manager. A further effort will be made to resolve the matter.

12.3.3 In the event the matter remains unresolved, or the employee believes it is inappropriate to raise it directly with their manager because of the nature of the problem, the employee should contact the Regional Commissioner. If the matter still remains unresolved, the employee should contact the Mediation Service of the Ministry of Business Innovation and Employment (MBIE).

12.4 Time Limit for Raising a Personal Grievance

12.4.1 If an employee wishes to raise a personal grievance, that must be done within 90 days of the date when the alleged grievance occurred or came to the employee’s attention, whichever is the later. The grievance is ‘raised’ as soon as the employee has informed the Department that the employee considers they have a personal grievance they want addressed.

12.4.2 The Department may agree to the matter being raised outside the 90 days period. The employee may also make application to the Employment Relations Authority for permission to raise the matter outside the 90 days period.


12.5 Choice of Procedures

12.5.1 In circumstances involving discrimination or harassment, as an alternative to the procedures in the Employment Relations Act 2000 the employee has the option of laying a complaint under the Human Rights Act 1993.

12.5.2 The employee should seek independent advice on the options. Such advice may be obtained from the Human Rights Commission or the Mediation Service.

12.6 Statement of Reasons for Dismissal

12.6.1 In the case of alleged unjustifiable dismissal, the employee is entitled to request that the Department provides the employee with a written statement giving the reasons for dismissal. The employee is required to make this request to the Department within 60 days of being dismissed or becoming aware that the employee has been dismissed. The Department must provide the employee with that written statement within 14 days of receiving the employee’s request.

12.7 Other Options

12.7.1 In the event the matter is not resolved by mediation, the matter may be referred to the Employment Relations Authority for decision. Either party may appeal the decision of the Employment Relations Authority to the Employment Court.

12.8 Remedies for Personal Grievance

12.8.1 The remedies in the case of a personal grievance are as follows:

Reinstatement to the employee’s former position or a position no less advantageous;

Reimbursement to the employee of the lost remuneration;

Payment of compensation for humiliation, loss of dignity and injury to feelings; or compensation for loss of any benefit; and

Special recommendations in the case of sexual or racial harassment.



SCHEDULE A

SCHEDULES FOR OCCUPATIONAL CLASSIFICATIONS COVERED BY THE PSA FRONTLINE AGREEMENT ff In accordance with Clause 1.3 of this agreement, the schedules in this part of the agreement (Schedule A) record the rates of pay and, where applicable, specific allowances and the specific terms and conditions of employment that apply to union members whose work is in specific occupational classifications , and whose positions are part of the organisational structure of one of the institutions listed in Schedule B1.


CORRECTIONS OFFICER AND RELATED POSITIONS SCHEDULE A1

A1.1 Salary Scales For Corrections Officers in the occupational classifications specified below the minimum annual salaries payable are as follows: All salaries from 15 July 2019 are inclusive of the Occupational Fitness Allowance where previously paid.

Corrections Officer 1/3/18

Translation 15 July

2019 1 July 2020

Commencement $51,490 $52,140 $53,444 $54,780

After CODP $54,001 $54,651 $56,017 $57,417

Level 3 or equivalent $58,647 $59,297 $60,779 $62,298


Senior Corrections Officer 1/3/18

Translation 15 July

2019 1 July 2020

On appointment $68,445 $69,095 $70,822 $72,593


Principal Corrections Officer 1/3/18

Translation 15 July

2019 1 July 2020

On appointment $77,234 $77,884 $79,831 $81,827

Level 5 or equivalent $81,004 $81,654 $83,695 $85.787

1/3/18

Translation 15 July

2019 1 July 2020

Dog Handlers $80,870 $81,520 $83,558 $85,647

A1.2 General Provisions A1.2.1 The additional hours rate shall be time and a quarter.

A1.2.2 From 1 May 2018 all employees in this Schedule who are not currently entitled to shift leave, except for casual employees and dog handlers, will receive shift leave in accordance with 7.2.5 of this agreement.

A1.2.3 Promotion to SCO and PCO is by appointment. The most suitable person for the job will be appointed, which may take account of prior learning and knowledge (RPL).


A1.2.4 Higher Duties Allowance A CO who is required to undertake the duties and responsibilities of a SCO shall be paid at the rate of the appointment level of the SCO or their qualification rate (whichever is higher). The same principle applies where a SCO is required to undertake the duties and responsibilities of a PCO, or a PCO is required to undertake the duties and responsibilities of a Residential Manager.

A1.2.4.1 To qualify for Higher Duties Allowance a CO must undertake the duties of a SCO for one complete day or more. Any other Higher Duties Allowance (i.e. SCO to PCO, or PCO to Residential Manager) is payable after five consecutive working days or more acting in the higher role.

A1.2.5 Except as outlined below, casual staff will be employed, under this schedule, on an hourly rate of $23.73 with effect 15 July 2019(increasing to $24.32 from 1/7/2020 ) inclusive of holiday pay, with a minimum payment of 3 hours.

A1.2.5.1 Casuals in custodial roles shall be limited to hospital guard and escort duties and may only be used when the need for staff falls outside of the ten day notice requirement (under 4.1.1) and/or the duties would otherwise require calling back a permanent staff member.

A1.3 Dog Handlers

It is recognised dog handlers are a unique group within the Department. They have specific responsibilities in relation to their dog and the nature of their work requires irregular hours which cannot always be notified well in advance. This provision endeavours to recognise those factors.

The standard hours of work provision (4.1.1) does not apply to dog handlers. They are neither rostered, nor non-rostered nor shift staff. The provisions of this section reflect a variation to standard hours as per 4.1.2 of this agreement.

The standard hours per week for dog handlers are 8 per day and up to 80 per fortnight, between the hours of 5am- 11pm. Any work period outside of those hours shall require the employee’s agreement (which may not be unreasonably withheld). Wherever practical, 2 consecutive days off per week will be provided.

Dog handlers will be notified of their required hours via a roster available not less than 10 days in advance. However, the roster will not be published in the usual fashion.

Approved additional hours in excess of 8 per day or 80 per fortnight will be paid at the additional hours’ rate. At the employee’s request TOIL may be granted on an hour for hour basis instead of additional hours paid.

Where a dog handler is, or becomes, by mutual agreement, directly responsible for more than one dog, they shall be entitled to accrue an additional week’s leave (pro rated) for the period they are responsible for the additional dog. Such agreement shall not be unreasonably withheld. This provision shall supersede all previous arrangements outside of the collective agreement.

Except as provided above, all other applicable provisions of this agreement are applicable to dog handlers.

Note: Since 1/3/15 the salary under A1.1 above has incorporated the former stand alone allowance of $8000 per annum which also recognised the requirement to work non-standard hours in regard to shift work.


NON CUSTODIAL SUPPORT AND GENERAL POSITIONS SCHEDULE A2

A2.1 Administration Support Officers / Administration Officers

This category includes administration staff working in Reception, Stores, Laundry Driver, Finance, Visits, Quality, Prisoner Employment and Training, General Administration, Property Officers and Board Liaison Officers.

All salaries from 15 July 2019 are inclusive of the Occupational Fitness Allowance where previously paid.

Level 1/3/18

Translation 15 July 2019 1 July 2020

Advanced $50,465 $51,115 $52,800 $54,120

Competent $45,071 $45,721 $47,200 $48,380

Learner $39,678 $40,328 $44,408 $45,518

Interventions Coordinator

1/3/18

Translation 15 July

2019 1 July 2020

Advanced $54,746 $55,396 $57,500 $58,938

Competent $51,090 $51,740 $54,716 $56,084

Learner $45,615 $46,265 $51,090 $52,367

A2.2 Team Leaders/ Personal Assistants

1/3/18 Translation 15 July 2019 1 July 2020

Advanced $57,668 $58,318 $60,500 $62,013

Competent $54,066 $54,716 $56,500 $57,913

Learner $50,465 $51,115 $52,700 $54,018


A2.3 Other Matters

The following shall apply to staff under A2.1 and A2.2 above:

Progression will be in accordance with the progression criteria in the Department’s performance management system.

Employees attain the position of Team Leader by appointment by the Department.

Property Officers who the Department classified as “shift workers” shall be provided with shift leave as per clause 7.2.5 of the CA, on a pro-rata basis. Where the Property Officer is a part time employee they shall also be provided with an alternative holiday where a Public Holiday is observed on an off-duty day, also payable on a pro-rata basis.

A2.4 Penal Rates

The following shall apply to staff under A2.1 and A2.2 above.

Penal time is time or standard hours (other than overtime) worked within a 40 hour week on a Saturday, Sunday or a public holiday and shall be paid at the following rates in addition to normal salary:

(a) On or after midnight Friday/Saturday to mid-day Saturday at time half (T1/2) for the first 3 hours, then time one (T1) thereafter.

(b) Midday Saturday to midnight Sunday/Monday at time one (T1)

(c) Public Holidays at time one (T1).

A2.5 Other Support Roles

This category includes Learning and Development Assessors, Intelligence Officers and Librarians


Learning and Development Assessors


1/3/18


$72,210 $72,860 $74,682 $76,549

Intelligence Officers

1/3/18 Translation 15 July 2019

1 July 2020

Step 3

$75,077

$75,727 $77,620 $79,561

Step 2

$72,210

$72,860 $74,682 $76,549

Step 1

$68,327

$68,977 $70,701 $72,469

Librarians

Current Salary


Learner $ 54,000 $54,650 $ 56,016 $ 57,417

Competent $ 56,000 $56,650 $58,066 $ 59,518

Advanced (Qualified Rate) $ 59,000

$59,650 $61,141 $62,670

A2.6 Progression


A2.7 Higher Duties Allowance

A Higher Duties Allowance is payable where an employee is required to undertake the duties and responsibilities of a higher level position for five consecutive working days or more. The employee shall be paid for such time at the applicable salary rate.

A2.8 Additional Hours Rate

The additional hours rate shall be time and a quarter.


REHABILITATION AND REINTEGRATION POSITIONS SCHEDULE A3

A4.1 Salary Scales


Case Manager / Social Worker / Youth Activities Co-ordinator / Counsellor / Kia Rite

1/3/18

Translation 15 July

2019 1 July 2020

Level 5 $73,909 $74,559 $76,423 $78,334

Level 4 $68,751 $69,401 $71,136 $72,914

Level 3 $64,168 $64,818 $66,438 $68,099

Level 2 $59,584 $60,234 $61,740 $63,283

Level 1 $55,000 $55,650 $57,041 $58,467

Scheduler Coordinators/Schedulers

1/3/18

Translation 15 July

2019 1 July 2020

$68,919

$69,569 $71,308 $73,091

Pou Arataki

1/3/18

Translation 15 July

2019 1 July 2020

Advanced $73,036 $73,686 $75,528 $77,416

Competent $66,314 $66,964 $68,638 $70,354

Learner $59,757 $60,407 $61,917 $63,465

Tutors

Current Salary

Translation 15 July 2019

1 July 2020

Step 1 $ 61,690 $62,340 $ 63,899 $ 65,496

Step 2 $ 64,260 $64,910 $ 66,533 $ 68,196

Step 3 $ 66,810 $67,460 $ 69,147 $ 70,875


Step 4 $ 69,360 $70,010 $ 71,760 $ 73,554

A3.2 Progression



A Higher Duties Allowance is payable where an employee is required to undertake the duties and responsibilities of a higher level position for five consecutive working days or more. The employee shall be paid for such time at the applicable salary rate.

A3.4 Additional Hours Rate

The additional hours rate shall be time and a quarter.


PRISONER EMPLOYMENT AND TRAINING POSITIONS SCHEDULE A4

A4.1 Applicability

This schedule records the terms and conditions of employment additional to those recorded in the body of this agreement that specifically apply to union members employed in the following job classifications:

Instructor

Principal Instructor

Where any of those provisions are inconsistent with the main agreement, the specific provisions in this schedule will apply.

A4.2 Hours of Work

A4.2.1 Variations to standard hours

(a) The parties acknowledge that the Department will develop enterprises and methods of work that resemble as closely as possible industry norms for similar enterprises in the private sector. As the Department continues to develop its programmes in this area, work schedules may have to reflect the requirements of a particular enterprise or industry and may fall outside the standard hours of 7am to 6pm.

Any such change will be worked through using the variation to hours provision in the Standard Hours of Work Clause (Clause 4.1.2 of the main agreement).

Conditions relating to Dairy Workers and Forestry Workers’ Hours of Work and other matters are recorded in Clause A4.9 of this Schedule.

(b) From 1 May 2018 all employees in this schedule, who are not currently entitled to shift leave, except for casual employees, will receive shift leave in accordance with 7.2.5 of this agreement

A4.3 Work on Weekends

If as part of their standard hours, rostered or shift employees are scheduled to work between midnight Friday and midnight Sunday, they will be paid a penal rate of half time extra for each standard hour they work.

A4.4 Additional Hours

Employees who are required to work additional hours shall be paid for the time worked at their ordinary rate (salary divided by the annual hours on which it is based) except as provided below.

If staff are called back to work having ceased work, or before the normal time of starting work, each callout will be paid as a minimum of three hours paid at time and a quarter. Except that more than one callout completed within the three hours will be regarded as one call out.

Staff who are required to work additional hours between midnight Friday and midnight Sunday shall be paid for the time worked at time and a half. (Note that this is an


overtime rate for working additional hours and is not payable to staff who are working ordinary hours during this period for which penal rates are payable – refer A4.3 above).

A4.5 Transport Assistance

Transport assistance provisions shall continue to apply to those staff that are currently in receipt of this allowance

A4.6 Remuneration Annual Salaries


Principal Instructor 1/3/18

Translation 15 July

2019 1 July 2020

Level 3 $81,004 $81,654 $83,695 $85,787

Level 2 $77,234 $77,884 $79,831 $81,827

Appointment $74,333 $74,983 $76,858 $78,779

Instructor 1/3/18

Translation 15 July

2019 1 July 2020

Level 3 $70,791 $71,441 $73,227 $75,058

Level 2 $64,356 $65,006 $66,631 $68,297

Entry $56,631 $57,281 $58,713 $60,181

Progression

Progression for Instructors and Principal Instructors will be in accordance with the progression criteria in the Department’s Performance Management System.

Employees attain the position of Principal Instructor by appointment by the Department.


An Instructor who is required to undertake the duties and responsibilities of a Principal Instructor for five consecutive working days or more shall be paid for such time at the Principal Instructor salary appointment rate.


An Instructor or Principal Instructor who is required to undertake the duties and responsibilities of a Manager for five consecutive working days or more shall be paid for such time at not less than the minimum rate for that manager’s role.


A4.9 Provisions for Dairy Farm and Forestry Workers

The provisions in this clause are agreed to meet the particular needs of the Department’s dairy farm and forestry operations. Provisions elsewhere in this agreement or schedule which are inconsistent with the clauses below are not applicable.

A4.9.1 Dairy Farms

a) Basis of Agreement

The parties recognise these provisions represent a significant change in the dairy operation. Its successful operation will involve farm management, the unions and principal instructors working together to meet the needs of the dairy instruction role within a prison.

The provisions which were designed to increase efficiency through reduced working hours represent a full and final settlement of all issues of dispute between the parties in relation to the interpretation and application of previous agreements as they applied to dairy instructors up to this agreement coming into force.

b) Hours of Work for Dairy Instructors

Hours of work will be those required for the efficient and effective management of a dairy farm. This requires instructors employed on milking duties to work hours dictated by the needs of the industry and the requirements of the dairy instruction role within the prison.

The ordinary hours of work are between 5am and 6pm. For the purposes of this agreement the ordinary daily hours of work are 10, recognising more or less hours may be worked on a particular day.

Rostering arrangements, including start and finish times, will be managed by the Farm Manager and the Principal Instructors utilising the current span of ordinary working hours, where required, while also recognising the seasonal nature of the dairy industry and the role of instructors within the prison. Breaks “on the job” will be taken during the ordinary hours including one half hour break and up to three ten minute breaks.

c) TOIL for Dairy Instructors

Any time worked in excess of 10 hours on a rostered day (or additional hours on an unrostered day) will earn TOIL and except as provided elsewhere in this agreement (eg Training) any time worked less than 10 hours in a rostered day will be offset against future TOIL. In the unlikely event the instructor has no accrued TOIL ‘Negative Toil’ would be recorded, to be offset against future TOIL.

The Principal Instructors will generally be expected to manage the operation within these requirements provided that the final say with regard to the hours required shall be with Farm Management.


d) Work Schedules for Dairy Instructors

(i) Waikeria

The new work schedule which will operate reflects 5 days on and 3 days off, as developed by farm management in consultation with the Principal Instructors and the unions. Note: this equates to an average 43.75 hours over a 7 day week.

It is recognised that the nature of farming means from time to time it may be necessary for the work hours and Schedule to differ from that set out above. Any change to the Schedule could only occur after consultation with the PSA.

In an endeavour to reduce TOIL it is agreed that the Department would endeavour to ensure a minimum staffing of 20 on the dairy roster.

(ii) Otago

On the coming into force of this agreement Otago Dairy Instructors may have a different work schedule to the Waikeria Schedule set out above but it will equate to an average 43.75 hours over a 7 day week.

(iii) Other Dairy Farms

Any new Dairy farm established during the term of this agreement would see a work schedule developed, after consultation with the PSA, which is broadly consistent with arrangements under (a) or (b) above and would assist with the efficient and effective management of that farm.

e) Salaries for Dairy Instructors

Dairy instructors will be paid an annual salary on the basis that the hours of work shall be those hours required for the dairy operation as outlined above. Payment will be a standard fortnightly payment irrespective of the number of days worked in the fortnight. Salaries for full-time Dairy Instructors are

: All salaries from 15 July 2019 are inclusive of the Occupational Fitness Allowance where previously paid.

Principal Instructor 1/3/18

Translation 15 July

2019 1 July 2020

Level 3 $82,624 $83,274 $85,356 $87,490

Level 2 $78,779 $79,429 $81,415 $83,450

Appointment $76,738 $77,388 $79,323 $81,306

Instructor 1/3/18

Translation 15 July

2019 1 July 2020

Level 3 $74,095 $74,745 $76,614 $78,529

Level 2 $70,154 $70,804 $72,574 $74,388


Entry $63,547 $64,197 $65,802 $67,447

f) Applicable Terms and Conditions for Dairy Instructors

The applicable salary will be paid for courses (including CODP) as recorded in this agreement.

In most circumstances (including CODP) training courses will not be counted for TOIL purposes. For half day courses rostered employees can opt to return to work and complete their normal rostered hours rather than have the shortfall offset against TOIL.

No meals will be provided to Dairy Instructors.

For leave purposes a day constitutes 10 hours and where a part day’s leave is taken the actual hours will be measured against that entitlement. For example if 4 hours sick leave is taken on a day, entitlement is reduced by 0.4 of a day.

Except as provided under clause A4.2.1 (b) above, Dairy Instructors are not eligible for shift leave.

In the event of termination of employment, the notice period required will include any TOIL owed (e.g. if three weeks TOIL is owed, then the notice period is to be seven weeks). In such circumstances, the first 4 weeks shall be worked and the next 3 weeks shall be paid in the normal manner after the last actual working day.

A4.9.2 Forestry Workers – Hawkes Bay

a) Hours of Work

Hawke’s Bay Forestry Workers will be required to work standard hours of 40 per week, 10 per day, four consecutive days Monday to Friday, between the hours of 6am and 6pm. By agreement between an employee and their manager, the daily hours may be worked outside the above hours.

Hours of work will be continuous, with meals to be taken on the job. A lunch break of approximately 30 minutes will be taken as near as practicable to the middle of the working day, with staff remaining available for any duties that may arise. There will also be up to 3 morning and afternoon tea breaks of approximately 10 minutes each.

b) Unforeseen Circumstances

In the event that there are unforeseen circumstances which dictate that affected staff are unable to work on all of the days between Monday and Thursday (e.g. exceptionally


inclement weather or other event beyond the control of the employer), employees may be required to work on a Friday and/or Saturday in lieu of the days missed. Under these circumstances, the rate of remuneration for the Friday and/or Saturday will be at time 1.25. (i.e. time and a quarter).

c) Administration/Tool maintenance

Affected staff will be required to work for two consecutive hours on the third Friday of every month between the hours of 10am and 2pm. The manager shall give a week’s notice of the actual start time within this framework on a week-by-week basis. These two hours per month will be reimbursed as TOIL in the amount of three days per annum. As days worked are 10-hour days, then TOIL will be reimbursed at the rate of 10 hours per day.

HEALTH SERVICE STAFF ____ SCHEDULE A5

A5.1 Application

This schedule applies to all Enrolled Nurses, Registered Nurses, Health Care Assistants and associated Clinical Team Leaders (Nursing Staff), Clinical Nurse Specialists, Occupational Therapist, Mental Health Social Workers, Cultural Support Workers, employed by the Health Service of the Department of Corrections who are or become PSA members. The terms and conditions of employment that apply to Health Service Staff are set out in this collective agreement 2019-2021 except as specifically varied in this Schedule.

Note: Section A5.1-A5.12 of this schedule is not applicable to Health Care Assistants.

A5.2 Professional Service

A primary goal is a professional service committed to reducing re-offending through delivery of a quality and innovative health service which works towards improving health outcomes and ensures prisoners receive a standard of care which is reasonably equivalent to health care accessed by the general population.

This requires an ongoing commitment to support the professional development of staff and to ensure that they meet the competencies of the Nursing Council of New Zealand.

A5.3 Professional Development and Recognition Programme (PDRP)

5.3.1 The Professional Development and Recognition Programme (PDRP) supports Enrolled Nurses (EN) and Registered Nurses(RN) to maintain their competency and to provide a pathway for further developing their clinical skills.

5.3.2 A Registered Nurse or an Enrolled Nurse who reaches the specified PDRP levels (RN Proficient or RN Expert, or EN Proficient or EN Accomplished) will be paid the relevant annual allowance (pro-rate for part-timers and casuals) identified below.

RN Proficient $3,000 EN Proficient $3,000

RN Expert $4,500 EN Accomplished $4,500


Any PDRP shall be added to the employees base rate of pay and be payable for all hours worked and will attract penal rates and overtime as appropriate.

5.3.3 Participation in the PDRP process is voluntary.

A5.3.4 PDRP Leave

Staff working on preparing a portfolio, obtaining or maintaining skill levels associated with the Professional Development and Recognition Programme are entitled to additional leave in order to undertake research or study associated with meeting the PDRP requirements as follows:

1 day Proficient p.a.

2 days Expert/Accomplished p.a.

A5.5 Healthy Workplace

Health Services and the PSA are committed to working collaboratively to share best practice and to develop a conscious plan to work through and resolve issues at the Area level in pursuit of a healthy workplace for staff and management.


A5.5 Remuneration

Health Service Salary Scales All salaries are inclusive of the Occupational Fitness Allowance where previously payable. ` Registered Nurse 01/03/2018 Translation

15 July 2019 1 October 2019 1 July 2020

Step 1 $ 51,105 $ 52,683 $ 54,034 $ 55,115

Step 2 $ 55,432 $ 57,029 $ 58,491 $ 59,661

Step 3 $ 59,756 $ 60,585 $ 62,138 $ 63,381

Step 4 $ 64,083 $ 64,733 $ 65,652 $ 66,965

Step 5 $ 68,407 $ 71,121 $ 72,945 $ 74,404

Step 6 $ 73,309 $ 75,132 $ 76,635

Step 7 $ 78,934

Clinical Team Leader/Clinical Nurse Specialist


1 October 2019

1 July 2020

Step 1 $ 79,800 $ 84,715 $ 86,887 $ 88,625

Step 2 $ 83,370 $ 87,974 $ 90,230 $ 92,035

Step 3 $ 86,940 $ 93,969 $ 96,378 $ 98,306

Enrolled Nurse 01/03/2018 Translation

15 July 2019 1 October 2019

1 July 2020

Step 1 $ 48,126 $ 48,875 $ 49,848 $ 50,845

Step 2 $ 50,991 $ 51,641 $ 52,616 $ 53,668

Step 3 $ 53,772 $ 55,385 $ 56,493

Step 4 $ 55,385 $ 57,047 $ 58,188

Note: The parties agree that any increases in Team Leader salary rates arising from a Job Evaluation will be implemented at the earlier of, the date the evaluation is completed or 1 September, 2017. These new rates will replace the Team Leader rates listed above. Occupational Therapists / Mental Health Social Workers / Cultural Support Workers

Grade and Step Current Salary Current + $650 PRA

Allowance 15 July 2019 1 July 2020

1 $ 55,000 $ 55,650 $ 57,041 $ 58,467


2 $ 59,584 $ 60,234 $ 61,740 $ 63,283

3 $ 64,168 $ 64,818 $ 66,438 $ 68,099

4 $ 68,751 $ 69,401 $ 71,136 $ 72,914

5 $ 73,909 $ 74,559 $ 76,423 $ 78,334

A5.6 Progression

Progression through the salary scales will be in accordance with the progression guidelines for nurses

A5.7 Progression


A5.7 Additional Hours

The additional hours rate shall be time and a quarter. The additional hours rate and penal rates / night rates shall not be paid in respect of the same hours.

A5.8 Penal Rates

Penal time is time (other than overtime) worked within a 40 hour week on a Saturday, Sunday or public holiday. Penal time shall be paid at the following rates in addition to normal salary:

(a) On or after midnight Friday/Saturday to mid-day Saturday at time half (1/2T) for the first 3 hours, then time one (T1) thereafter:

(b) Midnight Saturday to midnight Sunday/Monday at time one (T1)

(c) Public Holidays- time one (T1)

A5.9 Night Rate

Full and part-time employees working at night, who receive no other special compensation specifically for this work, eg extra annual leave (but not extra leave for shift work which is a separate entitlement) are to be paid a penal rate of T1/4 additional to salary for all ordinary hours of work between the hours of 8.00pm and 6.00am (including weekends). Penal rates will be additional to night rate but will be calculated on the ordinary time hourly rate.

The minimum payment for night rate shall be 2 hours even if the part of the shift which falls between the hours of 8.00pm to 6.00am is less than 2 hours.



A nurse who is required to undertake the duties and responsibilities of a Team Leader shall be paid at the Team Leader rate after five consecutive days acting in the higher role. This also applies to a Team Leader acting for a Health Centre Manager.

A5.11 Part time and Casual Staff

For part time staff and casual staff the respective annual salary shall be prorated. The additional hours rate does not apply until 40 hours have been worked in any week.

A5.12 Annual Practising Certificate

The Department will pay the Annual Practising Certificates for nurses.

A5.13 Health Care Assistants


1 October 2019 1 July 2020

Step 1 $ 44,941 $ 45,836 $ 46,731 $ 47,899

Step 2 $ 50,336 $ 51,299 $ 52,261 $ 53,568

Step 3 $ 53,938 $ 54,946 $ 55,953 $ 57,352

A5.13.1 Progression


A5.13.2 Additional Hours

The additional hours rate shall be time and a quarter. Penal and night rates are ot payable to Health Care Assistants.

A5.13.2 Part time and Casual Staff

For part time staff and casual staff the respective annual salary shall be prorated. The additional hours rate does not apply until 40 hours have been worked in any week.


INSTITUTIONS SCHEDULE B1 Consistent with Clause 1.3 and Schedule A of this Agreement, coverage incorporates CANZ members who work in, and whose position is part of the organisational structure of one of the institutions listed below. The position’s primary operational focus and responsibilities is specific to one of those institutions. Normally the position will be physically located in one of these institutions and report to a manager whose role is part of the structure of one of the institutions listed below. However, there may be some exceptions where a position reports to a manager whose position is not part of the structure of one of the institutions listed: Auckland East Arohata Auckland Region Women’s Corrections Facility Auckland West Christchurch Christchurch Women’s Hawke’s Bay Regional Invercargill Manawatu Mount Eden Corrections Facility Northland Region Corrections Facility Otago Corrections Facility Rimutaka Rolleston Springhill Corrections Facility Tongariro/Rangipo Waikeria Whanganui and New Plymouth Remand Centre


SEVERANCE SCHEDULE B2

B2.1 Ordinary Pay

For the purposes of these provisions, ordinary pay is defined as basic taxable salary, plus regular taxable allowances paid on a continuous basis which either attract overtime or penal payments or are paid on an hourly basis for all hours worked, plus penal payments or allowances in lieu thereof for those staff working shift hours of work.

Except in the case of staff on Parental Leave where ordinary pay shall be the ordinary pay at the time of taking leave.

(1) For all staff:

(a) (i) 29.165 percent of total ordinary pay for the preceding 12 months for staff with more than 2 years continuous service with the Department at date of termination or whose service with the Department started before 15 July 1992, or

(ii) 10 percent of total ordinary pay for the preceding 12 months for staff with less than 2 years continuous service with the Department at date of termination, whose service with the Department started on or after 15 July 1992

(b) In addition to the above each staff member is entitled to a lump sum payment of $3,600.

These payments are regardless of length of service but are conditional on staff finishing on an agreed date

(2) In addition to (1) above, staff with 12 months or more continuous service will receive:

NOTE:

For the purpose of this provision this means service in the State Services as determined in accordance with clause 10.4.5 of the 1996/97 PSA Public prisons CEC, provided that service with the organisations listed in clause 10.4.5.1 shall also be recognised and provided that service may also be recognised in accordance with clause 10.4.5.2.

Except that service will not be recognised if it ended with the staff member accepting severance or enhanced early retirement under any restructuring/surplus staffing provisions of any department of the Public Service or Parliamentary Service or organisations listed in clause 10.4.5.1 and/or clause 10.4.5.2.

(a) 8 percent of total ordinary pay for the preceding 12 months; except that staff employed since 15 July 1992 with less than 2 years service with the Department shall instead receive 10 percent, and

(b) 4 percent of total ordinary pay for the preceding 12 months multiplied by the number of years of continuous service minus one, up to a maximum of 19; and

(c) 0.333 percent of total ordinary pay for the preceding 12 months multiplied by the number of completed months in addition to completed years of continuous service, provided total service is less than 20 years.


The total amount paid to staff under this provision shall not exceed the total ordinary pay the staff member would have received between their cessation and the date of their compulsory retirement.

(3) For all staff the maximum payment under (1) and (2) above is $58,000. Cessation leave is not included in this maximum payment.

(4) Cessation Leave in accordance with the scales below will be paid, subject to the leave being reduced by the amount of paid anticipated retiring leave already taken. Service for cessation leave shall be calculated in accordance with clause 10.4.5.3 of the 1996/97 PSA Public Prisons CEC.

Cessation Leave for staff with less than 20 years service.

Qualification Required Amount of Retiring Leave

Completion of 15 years' 65 working days service

Completion of 10 and under 44 working days 15 years' service

Completion of 5 and under 22 working days 10 years' service

Under 5 years' service NIL

Cessation Leave for staff with 20 years or more of service

Months 0 2 4 6 8 10

Years

20-24 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 38 121 121 122 123 124 125 39 125 126 126 127 128 129

40 131 days

Outstanding Annual Leave and Long Service Leave may be separately cashed up.


LONG SERVICE, RESIGNING, & RETIRING LEAVE SCHEDULE B3

B3.1 Retiring Leave

(1) Retiring leave shall be granted to all staff who have established their right to retire under the provisions of clause 2.5 of the 1996/97 PSA Public Prisons CEC.

Provided that: (i) they have completed 40 or more years service, or (ii) they have completed 10 or more but less than 40 years service, or (iii) they retire on medical grounds, or (iv) leave may be granted by approval of the Chief Executive to staff who retires

after completing 10 years service.

Provided further that for those staff with part-time service, retiring leave will be calculated on a pro-rata basis according to their record of service.

Note: All service is calculated on the basis of a calendar year:

TABLE A

Entitlement (in working days) with Service of Years and Months Specified

MONTHS 0 2 4 6 8 10 Years 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 65


TABLE B

Entitlement (in working days) with Service of Years and Months Specified

MONTHS 0 2 4 6 8 10 Years 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 40 131

(2) Notwithstanding the above, any staff employed in the Public Service at 1 April 1992 (the time of the enactment of the Human Rights Commission Amendment Act ((No.3) 1992), shall retain any entitlements relating to retiring leave in any collective contract or agreement which applied to such staff.

(3) A staff member who has established eligibility to retire on medical grounds shall be granted a minimum of 65 working days retiring leave regardless of length of service, with the exception that a staff member with more than 25 years' service may be granted additional leave in accordance with Table B above.

For staff whose services are dispensed with through no fault of their own, before reaching retiring age the Chief Executive will consider granting retiring leave in accordance with the following:

Qualification Required Retiring Leave (Working Days)

Completion of 15 years service 65 days Completion of 10 and under 44 days 15 years service Completion of 5 and under 22 days 10 years service

(4) For the purpose of retiring leave the Chief Executive:

(a) Will recognise service with other departments of the Public Service and the Parliamentary Service, provided such service did not end with the staff member accepting voluntary severance or enhanced early retirement.

(b) May recognise service with the organisations listed in clause 8.12.4 (b) of the 1996/97 PSA Public Prisons CEC.


(c) Provided that where a staff member has part-time service this will be pro-rated for the purpose of calculating retiring leave.

(5) Retiring leave may be paid in fortnightly instalments or as a lump sum.

(6) A staff member who has more than 20 years continuous service, or is eligible to retire, shall be entitled to anticipate retiring leave.

(7) Grant in Lieu of Retiring Leave

On the death of a staff member the Chief Executive may approve a cash grant in lieu of retiring leave to:

(a) The surviving partner; or (b) Dependent children; or (c) The estate of a deceased staff member.

B3.2 Resigning Leave

(1) Resigning leave, as set out in the following table, may be granted to staff who have completed at least 20 years service and who do not meet the criteria in section (1) of Retiring Leave above:

Leave Leave Years of Working Years of Working Service Days Service Days

20 32 30 46 20.5 33 30.5 47 21 34 31 48 21.5 34 31.5 49 22 35 32 49 22.5 36 32.5 50 23 36 33 51 23.5 37 33.5 51 24 38 34 52 24.5 39 34.5 53 25 39 35 54 25.5 40 35.5 55 26 41 36 55 26.5 42 36.5 56 27 42 37 56 27.5 43 37.5 57 28 44 38 58 28.5 44 38.5 59 29 45 39 59 29.5 46 39.5 60

(2) Resigning leave is payable only to those staff who have given three months

notice of resignation, and where the work record is satisfactory.

(3) Where a staff member has taken long service leave prior to resignation, the resigning leave due is to be reduced by 20 days but for each complete period of six months worked after the taking of long service leave, an additional credit of one day is to be granted up to a maximum of twenty days.


(4) Where a staff member resigns on the grounds of ill health the full resigning leave entitlement will be granted and no reduction will be made for any long service leave taken.

(5) Resigning leave entitlements for reduced hour or part-time staff will reflect the pattern of service of the staff member.

B3.3 Long Service Leave

(1) Staff who have completed 20 years' continuous service shall be granted, once only, four weeks long service leave provided that reduced hour or part-time staff are to receive a pro rata reduction of pay but not of time during long service leave. Long service leave must be taken in one period and within five years of qualification.

(2) For the purposes of long service leave, the Chief Executive will recognise service with other departments of the Public Service and the Parliamentary Service; and may recognise service with the organisations listed in clause 8.11.2 of the 1996/97 PSA Public Prisons CEC.

(3) The qualifying period for long service leave shall cease on the day a staff member retires, but excludes any additional service which may accrue as a result of retiring leave being paid fortnightly after the last day of duty.

(4) A staff member who resigns or who has given notice of resignation, or who is dismissed, will forfeit any untaken long service leave to which he/she may be entitled.


VARIABLE SHIFTS SCHEDULE C

This schedule specifies those clauses which are new or, will replace the equivalent clauses in the body of this agreement following the implementation of variable hours of work shifts as per 2.1.2 of this agreement. These are highlighted in this schedule in blue and italics.

Note: The parties have worked on a document to record Roster Principles and Guidelines (which are referenced in the Terms of Settlement) the principles and guidelines will be developed and refined in the Making Shifts Work group.

1.0 INTRODUCTION

1.3.4 Staff covered by this agreement may be employed in the following categories:

Full time-permanent or fixed term: An employee whose standard hours of work average 40 per week.

Part time/Job Share – permanent or fixed term: An employee whose standard hours average less than 40 per week as agreed with the employee. Entitlements in this agreement will be pro-rated accordingly, except as specified.

Fixed Term: Means an employment arrangement that is entered into in accordance with the provisions of S66 of the Employment Relations Act 2000, where the reason for the fixed term must be set out in the employee’s letter of appointment. The employment shall end at the specified date or at the conclusion of a specified project or event.

Casual: Means an employee who has no set standard daily or weekly hours of work and who is engaged on an as required basis. Casuals may be employed under this agreement except as specified under Schedule A.1.2.5.1 of this agreement. Each engagement of a casual stands as a separate engagement and details shall be set out in the letter of appointment.

4.0 HOURS OF WORK

4.1 Standard Hours of Work

4.1.1 The standard hours of work are as either:

non-rostered staff employed to work standard hours of 40 per week, 8 per day to be worked on any five days of the week Monday to Friday inclusive between the hours of 7am and 6pm. By agreement between the staff member and their manager the daily hours may be worked outside the above hours; or

rostered staff employed to work standard hours of 40 per week, 8 per day to be worked on any five days of the week Monday to Sunday inclusive between the hours of 7am and 6pm. By agreement between the staff and their manager the daily hours may be worked outside the above hours; or

shift employees employed to work an average of 40 hours per week in accordance with a published cyclic roster, published not less than 10 days in advance. The maximum daily standard hours shall be 12 and the minimum 8. Except that part time employees may work a minimum of 4 hours.


The published roster may be varied by agreement between an individual staff member and their manager. Wherever practicable the rostered days off shall be 2 consecutive days per week, except that in any fortnight a period of one day off may be given in one week if the other three rostered days off in the other week are consecutive.

4.1.1.1 An annual Variable Shift Allowance (VSA) of $1200 with effect 15 July 2019 is payable

(increasing to $1500 on 1/7/2020) on a fortnightly basis to staff as specified below:

c. Custodial staff employed in positions listed in Schedules A 1 and A4, except for casuals, will receive the Variable Shift Allowance from.

d. Non custodial staff employed in positions listed in Schedules A2, A3 and A5 have

not moved to variable hour shifts and will not receive the Variable Shift Allowance, except as agreed between the parties.

4.1.2 The standard hours may be varied by agreement between the Department and the PSA to meet the needs of a particular service or group of services. Where any such variation applies to an occupational group, the agreed arrangements for hours of work will generally be recorded in the schedule of conditions that apply to that group of employees. In other cases, including situations where different hours of work are agreed for a service, the proposal to vary the hours of work will be progressed using the Variation provision of Clause 1.4 of this agreement.

4.1.3 All staff employed on shift work have a responsibility to ensure an effective handover, both with the person they replace and with the person who replaces them.

4.1.4 Staff who intend to be absent from work on any day must, where practicable, advise their manager at least thirty minutes before their normal start time.

4.1.5 Except in the case of an emergency, employees should not be expected to work more than sixteen (16) consecutive hours unless approved by the Regional Commissioner.

4.1.6 Except in the case of an emergency, employees are entitled to a minimum break of ten (10) hours between shifts unless approved by the Regional Commissioner.

4.2 Additional Hours

4.2.1 Additional hours are those hours worked:

By a non rostered employee in addition to their standard hours; or

By a shift employee in addition to their rostered hours.

4.2.2 All employees may be required by the Department to work reasonable additional hours to meet organisational needs, but the Department shall endeavour to minimize the extent to which employees are required to work additional hours. The rate for the additional hours is set out in Schedule A1-A5 of this agreement.

4.2.3 If an employee is called back to work having ceased work, or before the normal time of starting work, each callout will be paid as a minimum of three additional hours, except that more than one callout completed within three hours will be regarded as one callout.

4.2.4 Except in the case of emergency, when staff are required to work additional hours the work will be arranged so they have a break of at least ten consecutive hours between the end of work on one day and the scheduled start time the following day.


4.2.5 Where the Department requires an employee to work one or more additional hours immediately following their duty a suitable meal will be supplied on request. The type of suitable meal provided will be the subject of consultation and may vary from site to site. Where an employee is working at a distance from their work base, and it is not practicable to provide a meal in these circumstances, an alternative arrangement will be agreed.

4.2.6 Where the Department requires staff to be on stand-by or on-call they will be paid $30.00 per day while so required (increasing to $35.00 from 1 July 2020). Note: This standby allowance does not apply to staff covered by Schedule A2.

4.2.7 Where an employee is required by the Department to work additional hours and:

a) those hours are not immediately before the employee’s normal start time or immediately following the employee’s normal finishing time; and

b) the employee uses his or her own vehicle to travel from home to work;

the Department will reimburse the employee for the trip to and from his or her home at the mileage rate promulgated annually by the Commissioner of the Inland Revenue. During the term of this agreement the current IRD rate will be paid from the date of ratification, with any subsequent change announced during the term of the agreement payable from the date of IRD publication. (Note: This rate is payable for the first 5,000km only in each year commencing 1 April, with any additional travel paid at 19 cents per km).

4.3 Breaks

4.3.1 The timing of breaks will occur in a manner which is least disruptive to operational needs. Typically a normal days work for non rostered and rostered employees includes one unpaid break up to 60 minutes which should be taken around the middle of the work period and two 10 minute breaks during the day, one of which should be taken before the meal break and one after the meal break.

4.3.2 In the case of shift work staff are entitled to breaks in accordance with (a)-(c) below. The timing of rest and meal breaks can be flexible and can follow any arrangement agreed between the Department and the employees at the site. Meal breaks are to be taken in working time after an employee has worked 5 continuous hours, subject to the security requirements of the prison. Meal breaks shall be arranged so as to be spaced as evenly as possible and in practice will be at designated times. Rest breaks are to be similarly arranged to ensure regular breaks while recognising that they should not interfere with the continuity of work where continuity is necessary.

(a) Employees on a 12 hour shift are entitled to 2 paid meal breaks of 30 minutes each and 3 paid rest breaks of 10 minutes each.

(b) Employees on a 10 hour shift are entitled to one paid meal break of 30 minutes and 3 paid rest breaks of 10 minutes each.

(c) Employees on an 8 hour shift are entitled to one break of 30 minutes and 2 paid rest breaks of 10 minutes each.


7.0 LEAVE

7.2 Annual Leave

7.2.4 On the completion of one year’s employment as a shift employee, those employees will be granted one additional week of annual leave.

7.5 Parental Leave

7.5.4 For the purposes of 7.5.2 a working day shall constitute 8 working hours, prorated for part time employees.

7.8 Retiring, Resigning and Long Service Leave

7.8.2 For the purpose of calculating any entitlements under 7.8.1 in relation to Retiring, Resigning or Long Service leave a working day shall constitute 8 hours. (pro-rated for part time employees).

9.0 TERMINATION

9.1 Notice

9.1.1 Except in the case of casual employees, four calendar weeks’ notice of termination of employment must be given unless otherwise agreed by the employee and their manager.

10.0 Management of Change

10.1 Organisational Change

10.1.4(h)Severance

Where an employee’s position has been disestablished, every effort will be made to place them in alternative employment within the Department. However the payment of severance will be available as a last resort when all the management of change options have been exhausted

The severance provisions, including cessation leave, shall be in accordance with the 1996/97 PSA Public Prisons CEC (a copy of the main provisions is set out in Schedule B2 to this Agreement), provided that in respect of employees employed by the Department after 10 December 1998 only current continuous service with the Department shall be recognised.

Employees employed on a casual, temporary or fixed term basis have no entitlement to the above severance provisions.

For the purposes of calculating cessation leave a working day shall constitute 8 hours.


13.0 SIGNATORIES

Dated at Wellington this _____ day of ______________ 20____

FOR AND ON BEHALF OF the Department of Corrections under delegated authority in terms of section 70 of the State Sector Act 1988:

FOR AND ON BEHALF OF the Public Service Association:

Documents

Department of Corrections Frontline Staff...Department of Corrections and PSA Frontline Agreement – 2019-2021 06 August 2019 page 5 1.0 INTRODUCTION 1.1 Scope 1.1.1 This Agreement