Crown Employees (Interpreters and Translators, Community Relations Commission) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 571 of 2007)

 

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Title

3.         Definitions

4.         Parties to the Award

5.         Exhibition of Award

6.         Salaries

7.         Appointment and Progression

8.         Casual Interpreters

9.         Casual Translators

10.       No Extra Claims

11.       Anti-Discrimination

12.       Grievance/Dispute Resolution Procedures

13.       Deduction of Union Membership Fees

14.       Savings of Rights

15.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

Table 2 - Allowances

 

2.  Title

 

This Award shall be known as the Crown Employees (Interpreters and Translators, Community Relations Commission) Award.

 

3.  Definitions

 

"Interpreting Assignment" means a single interpreting task, or a number of interpreting tasks within any twenty four hour period, provided the time lapse between the scheduled conclusion of one task and the commencement of the next is not greater than two and a half hours.  The time lapse between interpreting tasks will not be paid.

 

"Officer" means and includes all persons permanently appointed under the provisions of the Public Sector Employment and Management Act 2002, and who at the date of operation of this award were occupying one of the positions prescribed herein or who, after that date, are appointed to one of such positions but does not include any person who resigned or whose services were terminated prior to the date of the operation of the award.

 

"Employee" means and includes all persons temporarily employed under the provisions of the Public Sector Employment and Management Act 2002.

 

"Service" means continuous service for salary purposes.

 

"CRC" means the Office of Community Relations Commission of New South Wales.

 

"Employer" means the Director of Public Employment (DPE).

 

"Association" means Public Service Association and Professional Officers Association Amalgamated Union of New South Wales.

 

"NAATI" means the National Accreditation Authority for Translators and Interpreters.

 

"Interpreter/Translator" means a person with either Interpreting or Translation qualifications as specified under subclauses 7.1, 7.2 or 7.3 of clause 7, Appointment and Progression, or means a person with both interpreting and translation qualifications which are as specified under the said subclauses 7.1, 7.2 or 7.3.

 

4.  Parties to the Award

 

The parties to this award are the Employer and the Association.

 

5.  Exhibition of Award

 

A copy of this Award is to be accessible to all Interpreters/Translators.

 

6.  Salaries

 

Salary rates shall be paid in accordance with the rates set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

 

Provided that an officer temporarily employed under the provisions of the Public Sector Employment and Management Act 2002, in any of the positions covered by this award, shall, unless otherwise determined by the Employer, be paid the weekly equivalent of the annual and hourly rates specified for the relevant position.

 

7.  Appointment and Progression

 

7.1        The Interpreting/Translating Officer is an entry level position for the relevant community languages that NAATI neither accredits nor recognises. Appointment to the Interpreting/Translating Officer level shall be dependent upon the assessment of the ability, qualifications and skills in the community language of the applicant by an independent committee coordinated by the Community Relations Commission.

 

7.2        Appointment to Interpreter/Translator shall be dependent upon:

 

(a)        the officer or employee having been accredited at Interpreter level or Translator level as demonstrated by way of the NAATI accreditation or equivalent accreditation authority at the time; or

 

(b)        meeting the qualifications/standards determined by the Employer.

 

(c)        Progression - there are 5 levels of Interpreter/Translator and progress through the 5 levels of salary scale is dependent upon years of satisfactory service as an Interpreter/Translators with the CRC.  Satisfactory service is certified by the supervisor through the compilation of an incremental progression report, in accordance with the requirements under the Public Sector Employment and Management Act 2002.  The effective date of progression shall be the anniversary date of appointment to the position of Interpreter/Translator.

 

7.3        Appointment to Senior Interpreter/Translator shall be dependent upon:

 

(a)        the officer or employee having received accreditation at Conference Level (Interpreter) or Advanced Translator (Translators or above as demonstrated by way of NAATI accreditation or equivalent accreditation authority at the time; or

 

(b)        meeting the qualifications/standards determined by the Employer.

 

(c)        Progression - There are three levels of Senior Interpreter/Senior Translator and progress through the 3 levels of salary scale is dependent upon the years of satisfactory service as a Senior Interpreter/Senior Translator with the CRC. Satisfactory service is certified by the supervisor through the compilation of an incremental progression report, in accordance with the requirements under the Public Sector Employment and Management Act 2002.  The effective date of progression shall be the anniversary date of appointment to the position of Senior Interpreter/Senior Translator.

 

8.  Casual Interpreters

 

The parties agree that the employment of Interpreters on a casual basis shall not prejudice the employment of any permanent Interpreters/Translators.

 

8.1        Rates of Pay - Rates of pay for Casual Interpreters are based on the Interpreter/Translators fifth year of service rate and includes a 20 per cent loading in lieu of all leave entitlements excluding extended leave plus a 34.5 per cent loading to cover the itinerant nature of the work carried out within the normal work areas as specified under subclause 8.2 of this clause. This loading compensates Casual Interpreters for travel, meals, waiting time and travel time, and shall be paid in accordance with the rates set out in Part B, Monetary Rates.  The 20 per cent loading in lieu of leave will not be paid in the overtime rates.  The base overtime rate is to be used to calculate all overtime payments.

 

8.2        Day Work Outside Normal Work Area - A Casual Interpreter shall be entitled to payment for travel time as per the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 for distances travelled when required to carry out day work outside their normal work area.

 

(a)        for interpreters classed as Sydney interpreters the normal work area is the County of Cumberland as defined by the Crown Lands Office being the boundaries of the Sydney metropolitan area.

 

(b)        for interpreters classed as regional interpreters, the normal work area is the area within an 80 km radius one way of either the Newcastle or Wollongong offices of the Community Relations Commission or the home address of the interpreter, whichever is closest to the assignment.

 

8.3        Minimum Hours of Work - A casual Interpreter directed to work any interpreting assignment shall be paid a minimum of three ordinary hours work for such assignment between the hours of 7.30 a.m. and 6.00 p.m. Monday to Friday.  An assignment exceeding three hours but less than eight hours between 7.30 a.m. and 6.00 p.m. Monday to Friday shall be paid the additional hourly rate of pay for every hour or part thereof for those extra hours.  During work performed between the hours of 7.30 a.m. and 6.00 p.m. Monday to Friday an officer shall be entitled to take an unpaid luncheon period of a minimum of one half hour.

 

Work performed outside the hours of 7.30 a.m. and 6.00 p.m. Monday to Friday shall be paid at overtime rates and receive meal allowance provisions in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

 

8.4        Cancellation Fees - Where a Casual Interpreter has been booked to work any assignment to be completed in a single day and the assignment is cancelled within 1 working day (24 hours) of the work due to commence, the Casual Interpreter shall be paid for three ordinary hours work.

 

Where a Casual Interpreter has been booked for court or tribunal work exceeding a single day and the assignment is cancelled within 1 full working day (24 hours) of the work due to commence, the Casual Interpreter shall be paid three ordinary hours work per day for a maximum of two days that the assignment was booked. No cancellation fee is payable to the casual interpreter if alternative assignment(s) are allocated by the CRC during the period of the original assignment.

 

8.5        Travel Requiring Overnight Accommodation - Casual Interpreters required to travel to an assignment necessitating overnight accommodation shall receive payment in accordance with the provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

 

9.  Casual Translators

 

The parties agree that the employment of Casual Translators shall not prejudice the employment of any permanent Interpreter/Translator.

 

For the purposes of this Award, 200 words of translation equate to one hour of translation, 45 minutes of editing, 30 minutes of proof reading and 45 minutes of checking.

 

Casual translators work using their own equipment, work at a time suitable to themselves and are not accommodated in the workplace to carry out their duties therefore travel is not incurred.

 

9.1        Definitions - Translations are made up of two types which are defined herewith:

 

"Standard Documents" these documents include personal documentation relating to an individual.  They are not limited to but include a birth certificate, marriage certificate, baptismal/christening certificate, death certificate, driver's licence, passport and are deemed to be equal to one hundred words of translation. Standard documents exclude educational qualifications.

 

"Non-Standard Documents" these are all other documents including educational qualifications, medical certificates, reports, letters and information pamphlets.

 

"Editing" editing is the process of revision by translators of translations of texts and personal documents into English/target language and is performed by other translators. It includes verifying the spelling and grammar of the English/target language translation of the document.

 

"Proof Reading" proof reading is the correction, with the aid of standard proof reading symbols, of typographical errors in printers proofs, or, using the same method, the revision of passages because the client has made minor changes to the source text.

 

"Checking" checking is an independent linguistic comparison of a translation with the source text and with the preparation of an assessment report.

 

9.2        Rates of Pay - Rates of pay for casual translators are based on the Interpreter/Translator fifth year of service rate and includes a 20 per cent loading in lieu of all leave entitlements excluding extended leave plus a 34.5 per cent loading covering use of their own equipment and premises.

 

Salary Rates shall be paid in accordance with the rates set out in Part B, Monetary Rates.

 

10.  No Extra Claims

 

Parties to this award are obliged not to pursue any extra claims except those allowed by Part 2, Division 3, of the Industrial Relations Act 1996.

 

11.  Anti-Discrimination

 

11.1      It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

11.2      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award, which, by its terms or operation, has a direct or indirect discriminatory effect.

 

11.3      Under the Anti-Discrimination Act 1977, it is unlawful to victimise an officer or employee because the officer or employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

11.4      Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti‑discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

11.5      This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

(a)        Employers and officers /employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

12.  Grievance/Dispute Resolution Procedures

 

All grievances, disputes or difficulties relating to the provision of the Award shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority including the Chair CRC, if required.

 

12.1      Officers and employees are required to notify (in writing or otherwise) their immediate supervisor or manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible state the remedy sought.

 

12.2      Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti-Discrimination Act, 1977) that makes it impractical for the staff member to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Department Head or delegate.

 

12.3      The immediate supervisor or manager shall convene a meeting in order to resolve the grievance, dispute or difficulty within one working day, or as soon as practicable, of the matter being brought to their attention.

 

12.4      If the matter remains unresolved with the immediate supervisor or manager, the officer or employee may require to meet with the appropriate person at the next level of management in order to resolve the matter. This manager should respond within one working day, or as soon as practicable. This sequence of reference to successive levels of management may be pursued by the officer or employee until the matter is referred to the Chair, CRC.

 

12.5      In the event that the matter remains unresolved, the Chair, CRC, shall provide a written response to the officer or employee and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reasons for not taking action, in relation to the matter.

 

12.6      An officer or employee may at any stage request to be represented by the Association representative. 

 

12.7      The officer or employee or Association on his/her behalf, or the Chair, CRC, may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

12.8      The officer or employee, Association, Chair CRC and Employer shall agree to be bound by any lawful recommendation, order or determination by the New South Wales Industrial Relations Commission in relation to the grievance, dispute or difficulty.

 

12.9      Whilst the procedures are being followed, normal work undertaken prior to notification of the grievance or dispute shall continue unless otherwise agreed between the parties, or, in the case of a dispute involving Occupational Health and Safety, if practicable, normal work shall proceed in such a manner to avoid any risk to the health and safety of any officer or employee or member of the public.

 

13.  Deduction of Union Membership Fees

 

13.1      The union shall provide the employer with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the union’s rules.

 

13.2      The union shall advise the employer of any change to the amount of fortnightly membership fees made under its rules.  Any variation to the schedule of union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

13.3      Subject to subclauses 13.1 and 13.2 of this clause, the employer shall deduct union fortnightly membership fees from the pay of any officer or employee who is a member of the union in accordance with the union’s rules, provided that the officer or employee has authorised the employer to make such deductions.

 

13.4      Monies so deducted from the employee’s pay shall be forwarded regularly to the union together with all necessary information to enable the union to reconcile and credit subscriptions to officer/employees’ union membership accounts.

 

13.5      Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.

 

13.6      Where an officer or employee has already authorised the deduction of union membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the officer or employee to make a fresh authorisation in order for such deduction to continue.

 

14.  Savings of Rights

 

At the time of the making of this Award, no officer or employee covered by this Award will suffer a reduction in his or her rate of pay or any loss or diminution of his or her conditions of employment as a consequence of the making of this Award.

 

Should there be a variation to the Crown Employees (Public Sector - Salaries 2007) Award, or an Award replacing it, officers of the CRC will maintain the same salary relationship to the rest of the public service.  Any such salary increase will be reflected in this Award either by variation to it, or by the making of a new Award.

 

15.  Area, Incidence and Duration

 

This award shall apply to the classifications as defined herein.

 

The employees regulated by this award shall be entitled to the conditions of employment as set out in this award and, except where specifically varied by this award, existing conditions are provided for under the Public Sector Employment and Management Act 2002, the Public Sector Employment and Management (General) Regulation 1996, the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 and the Crown Employees (Public Sector - Salaries 2007) Award or any awards replacing these awards.

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Interpreters and Translators, Community Relations Commission) Award 2003 published 12 March 2004 (343 I.G. 620) and all variations thereof.

 

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 13 September 2007.

 

The award remains in force until varied or rescinded the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Effective from the beginning of the first pay period to commence on or after 1 July 2007

 

 

Table 2 - Allowances

 

Effective from 1 July 2007

 

Overtime Meal Allowances		$
Breakfast	After 6.00 a.m. and before 8.00 a.m.	22.60
Lunch	After 10.00 a.m. and before 6.00 p.m.	22.60
Dinner	After 6.00 p.m. and before 6.00 a.m.	22.60

 

 

 

D. W. RITCHIE, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.