Employment agreements

Employment agreements

Our employment agreements are enforceable commitments

The wide range of services we provide means that we have many different roles including  office based (salarised) and operational (waged) roles and various categories of team member status including: permanent (full-time and part-time); casual; temporary (fixed term); cadets and students. Each category (see definitions) has its own rights, obligations and contract documentation and once signed these agreements can only be changed by mutual agreement. Therefore, it is important that when someone joins us, or when their status changes significantly, the employment agreement type and content you put in place are the right ones. Here is how to do that. If in doubt, contact Organisational Development and Capability. This section doesn’t deal with employment of contractors – if you wish to hire a contractor in a role which would typically be held by a team member, discuss the matter with your group manager/operations manager and the Organisational Development and Capability manager.

 

Putting the right agreement in place – new hires

All our team members are employed on either an individual employment agreement (IEA) or collective employment agreement (CEA). We have different employment agreements for people employed by council and those employed by Infracore (CCO).  Follow the link to see the process for choosing the correct agreement in each case.  The process  will help you select the right agreement type and employment terms and Rotorua Lakes Councilconditions when you are completing your staff requisition form  and getting approval to recruit. We also require new employment agreements with our major changes to team member’s status e.g. from part-time or temporary employment to permanent full-time employment.

Choosing the right agreementCONTRACTING

The process flow-charts will help you select the right contract type when you are completing your people requirements form and get approval
to recruit.  Later, when you are ready to make a written offer, the employment agreement request form confirms the type of contract you want drawn up and its content.

Documenting changing status for existing people

When someone’s employment status changes it is important that we clearly document their future terms and conditions before that change takes place. We need to be sure we’re not creating anomalies or misunderstandings that could be problematic in the future. Usually there will be changes for payroll to action. Depending on the nature of the change, we have a simple approval process and a small amount of necessary documentation. These are set out below.

Significant changes in employment status: e.g. casual or fixed term to permanent, contractor to team member,  part-time to full-time, promotion, demotion require approval (see below for approvals required) before agreement is reached with the person concerned and require new contract documentation to be completed.

Less significant changes in employment status: e.g. changes in days or hours of work, salary changes, also require approval (see below for approvals required) before agreement is reached with the person concerned. These must be documented by letter and signed by the team member but do not require new contracts. If in doubt check with Organisational Development and Capability.

The approvals and documentation required for various changes in status are as follows (Payroll to be notified in all instances of change to terms and conditions of employment):

Employment Agreement DocumentationDefinition
IEA alternative to the Rotorua Contracting Labourers and Drivers CEA Covers those whose work is within the coverage of the CEA and who elect to be on an IEA.
Rotorua Contracting Labourers and Drivers Collective Employment AgreementCovers those whose work includes; work of an essentially physical nature involving using machinery, tools and equipment, driving a vehicle, gardening and labouring work; and those directly supervising such work. Labourers & Drivers CEA
IEA for salaried employees For both full-time and part-time, covers those whose work is within the coverage of the CEA and who elect to be on an IEA (and not join a union).
Letter of offer All offers of employment contain this cover letter

Understanding and applying the content of employment agreements

It is important you know the terms and conditions of employment that apply to your team and can apply them properly. Examples of our employment agreements are set out in the table below. Over many years, the Courts have developed a number of principles for contract interpretation which may help you correctly apply our agreements. If you are in doubt about what terms and conditions apply or how to apply them contact the Organisational Development and Capability team.