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| A newsletter from the office of Hon Trevor Mallard, Minister of Education |
ISSUED 27 MARCH 2002CONTENTS
In the debate around the negotiations of the secondary teachers' collective
agreement, the term 'good faith' has been bandied around a fair bit.
Secondary teachers cry out that failure to roll over and accept their
demands must surely be a breach of the Employment Relations Act. It is
not. The fundamental difference between the ERA and the Employment
Contracts Act is that the latter was about making contracts to buy and sell
labour and the new Act is about building productive relationships.
And no relationship is a one way street. Non negotiable demands are the
antithesis of good relations. Central to the mechanics of the ERA is the
concept of good faith. It is both an expectation and a requirement.
To put this in the context of the secondary teacher negotiations look no
further than the issue of non contact time as part of the collective. It
is widely known that this is something that I did not personally support.
Teachers, however, told me that this was one of their most important
concerns. We agreed to the demand. I also stated my intention to
implement staffing improvements of 1850 secondary teachers over five years
starting this year. Another clear act of good faith.
Unfortunately, secondary teachers chose to reject the offer agreed to by
their union executive. When that happened, government negotiators
immediately stated a willingness to re enter negotiations. Yet on the day
they advised us of the non ratification and before those negotiations even
began, the PPTA announced quite significant industrial action.
We adjusted our offer and put forward two options, worth up to $125
million, for the PPTA to consider. The options were rejected by the
executive without exploration.
I believe the government has shown considerable good faith in these
negotiations. We have put offers on the table that stretch the boundaries
in the current environment of fiscal constraint. As well as across the
board pay increases, we have looked at long term issues in regard to
staffing. We have offered incentives to help staffing in hard to staff
areas. We have responded to the call for recognition of staff who have
taken on significant additional administrative responsibility to meet the
NCEA implementation requirements.
But good faith goes two ways. It is not a requirement that applies only to
the employer party. There is a responsibility on both sides to seriously
consider each other's proposals. Neither party should keep raising the same
issues over and over again even though they have already been considered
and rejected by the other side.
The government has constantly worked within the definition of good faith.
This week, however, I instructed the Ministry of Education to postpone
negotiations with the PPTA in light of action being taken by Auckland
secondary school teachers. Secondary school teachers cannot expect to
negotiate over their collective agreement when they are taking industrial
action that involves students not being taught. Nor, when the executive
endorses local industrial activities, can this be considered wildcat
action. It has been pointed out that this is legal strike action. I do
not dispute that. But the action is being taken without the PPTA
demonstrating that they are willing to bargain in good faith. It is with
this in mind, that I have made the decision that it is important for the
government to adhere to the traditional convention that negotiations not
occur during strikes. That is also our legal right. We will, however, be
using the window of opportunity that the school holiday provides to
negotiate.
Please take the time to find out further details about this process by
reading my letter to Boards of Trustees. It can be accessed on line at:
www.executive.govt.nz/minister/mallard/education/articles/letter.html
And remember, good faith isn't always about rolling over and saying yes
without regard to the consequences.
Trevor Mallard
A successful scheme that enables small schools, mainly in isolated rural
areas, to spend more time on teaching and less on administration, will be
extended.
Education Minister Trevor Mallard said the School Administration Support
Cluster (SASC) Programme helps small schools work together to improve their
administrative efficiency, freeing up time to enable teaching principals to
focus on professional leadership and teaching, and for boards to focus on
governance.
"It's been a great success and the government is increasing the funding for
the next financial year from $1 million to $2.7 million. Schools can also
apply for funding for two-year projects rather than limiting them to
one-year projects as they are now. I expect this will result in more
sustainable changes to the way small schools organise their
administration," Trevor Mallard said.
The government will legislate this year to simplify the tax requirements
for fees paid to school board trustees.
Revenue Minister Michael Cullen said that for tax purposes, fees amounting
to less than $605 a year for trustees and $825 a year for chairpeople are
not treated as income, so are not taxed.
However, the law still requires them to file a tax return in relation to
these fees, even though they may not have to file a return for anything
else. To remove this unnecessary hassle and the associated compliance
costs, the government plans to remove the legal requirement for trustees to
file tax returns in these circumstances.
"Trustees play a very valuable role in the community. As partial
recompense for the time and effort they put in, they are paid a small fee
or honorarium which often does not even cover their expenses," Dr Cullen
said.
The School Trustees Association described the change as sensible and a neat
tidy up.
Foreign fee paying students who gain permanent residency in New Zealand are
required to re enrol at school as a domestic student.
Education Minister Trevor Mallard said questions over the status of such
students has arisen in Christchurch recently particularly if the student
lives out of the zone and their school has an enrolment scheme.
"Once enrolled as a foreign student, a student can only switch his or her
status to a domestic student by enrolling as a domestic student in
accordance with the enrolment provisions relating to domestic students,"
Trevor Mallard said.
"In other words, they would have to re-enrol at the school under the normal
enrolment criteria. If they lived in zone, they would be entitled to entry
to the school. If they lived out of zone, they would have to comply with
the enrolment scheme of the school and may not get in. This is not an
issue that has ever been raised with the Ministry by a school before and I
have asked officials to consider how to help schools deal with such a
situation if it arises."
Associate Education Minister Parekura Horomia has signed a formal agreement
between the Hauraki Maori Trust Board and the government to support the
Board to consult, develop and implement an education strategy for Maori
within the Hauraki rohe.
The Board's priorities for development are improving community capacity and
strengthening Te Reo me Nga Tikanga; increasing early childhood education
participation and quality; increasing Maori whanau participation in
schooling and in initiatives designed to raise student achievement at
school.
Thousands of school children throughout New Zealand made a check on
waterways last Friday to mark World Water Day.
Environment Minister Marian Hobbs helped out children from Greytown,
Pukerua Bay and Paparangi School children at the Belmont Regional Park new
education centre.
She said many people are aware of environmental issues but few take action.
"The challenge for environmental education is to convert this awareness
into action."
To learn more see: http://www.wrc.govt.nz/ta/water/index.cfm
Hon Trevor Mallard, Minister of Education
Hon Steve Maharey, Associate Minister of Education (tertiary)
Hon Lianne Dalziel, Associate Minister of Education
Hon Parekura Horomia, Associate Minister of Education (Maori education)
Hon Marian Hobbs, Associate Minister of Education
Or check out the file of press statements and speeches from all ministers at www.executive.govt.nz
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