Fair Pay Agreement for the Early Childhood Education Industry

Paraire 7 Hurae 2023

Te Tari Matua o Te Kōhanga Reo

Tēnā koutou e ngā Kōhanga Reo,

You may be aware that the Ministry of Business, Innovation and Employment has recently approved an application by NZEI to initiate bargaining for a Fair Pay Agreement for the Early Childhood Education industry.  The Ministry has determined that Kōhanga Reo falls within the coverage of this bargaining, which covers a broad range of both teaching and non-teaching roles.  (Please see a full list of the occupations covered in the attached Notice of Approval issued by MBIE on 19 June 2023).

The Trust Board was not consulted regarding our inclusion in this process and has serious concerns that this breaches both Te Tiriti obligations and commitments made to us as a result of the 2012 WAI2336 report.  We are deeply concerned that we have been lumped in with the ECE sector given our claim has consistently been based on the view that we sit outside of this sector as our foundation kaupapa is the revitalisation of te reo, not ECE.  We are also concerned that fair pay agreement bargaining may interfere with the pay parity process we are currently engaged in with the Ministry of Education.

We would like to clarify that we are not against fair pay agreement bargaining and support good pay and conditions for kaimahi, but it is the way we have been unilaterally included in this process without consultation and the lack of consideration for our specific circumstances and commitments made to us that we take issue with.

We have written to the Chief Executive of MBIE objecting to our inclusion in the process and asking her to reconsider this and to engage with us in a manner which protects our te tiriti rights.  However, while we work through this objection with MBIE, there are various obligations that whānau employers of Kōhanga Reo employees have under the Fair Pay Agreements Act.  In this regard we must assume that whānau employers are part of this process until it is determined otherwise. 

Please be aware that whilst NZEI has initiated the bargaining the process and its outcomes apply to all kaimahi falling within coverage, not just union members.  Therefore the process steps that all whanau employers need to be aware of, and comply with, in the first instance are;

  • NZEI is required to use its best endeavours to identify and notify covered employers within 15 days of notice of approval being given. As notice was given on 19 June 2023, this should occur by 4 July 2023.
  • Covered employers are required to identify and notify any other covered unions (if any) within 15 days of being notified by NZEI.
  • Covered employers are required to notify covered employees of the bargaining and provide them with a form to complete which sets out their personal contact details, which is then to be provided to NZEI.
  • As soon as possible after 20 days of providing this information to covered employees, but no later than 30 days, employers must provide these employee contact details to NZEI.

Once this notification part of the process is complete, the second phase will begin.  This involves establishing bargaining sides and representatives.  We are in discussions with the Early Childhood Council about how they intend to represent the industry and what the role of Kōhanga Reo will be in this. Our current thinking is that the Trust should provide separate representation for whānau employers to ensure that your voice is properly heard and that the unique features of your employment relationships with kaimahi are factored into outcomes.  We are keen to hear your views and preferences about how this process should occur and will be arranging a series of hui over the next weeks and months to engage with whānau about this.

We will continue to keep you informed of developments, including any response we receive from MBIE.  In the meantime, if you have any pātai or need support with the process steps set out above, please email [email protected]

Ngā mihi,

 

Angus Hartley
Tumu Whakarae
Te Kōhanga Reo National Trust

 

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Ministry of Business, Innovation and Employment - Pānui