Health Employees' Interpreters' (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(No. IRC 419 of 2015)
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Before The Honourable Justice Walton, President
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13 July 2015
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AWARD
Arrangement
Clause No. Subject
Matter
5. Anti-Discrimination
7. Area,
Incidence and Duration
3. Conditions
of Employment
1. Definitions
4. Dispute
Resolution
6. No Extra
Claims
2. Salaries
PART B - MONETARY RATES
Table 1 - Salaries
PART A
1. Definitions
Unless the context otherwise indicates or requires the
several expressions hereunder defined shall have their respective meaning
assigned to them:
"Employer" means the Secretary of the Ministry of Health
exercising employer functions on behalf of the Government of NSW (and includes
a delegate of the Secretary).
"Interpreter" means a person appointed as such.
"NAATI" means the National Accreditation Authority
for Translators and Interpreters.
"Union" means the Health Services Union NSW.
2. Salaries
Salaries for Interpreter - Grades 1, 2 and 3 - shall be as
set in Table 1-Salaries, of Part B, Monetary Rates.
Provided that an Interpreter Grade 1 who achieves NAATI
accreditation as a paraprofessional interpreter shall subject to the following
conditions be promoted to Grade 2 with effect from the first pay period of the
month following the successful completion of the course:
(i) Satisfactory
service and a recommendation to the employer:
(ii) A certificate
that the officer concerned has had adequate experience and demonstrated ability
as an Interpreter such as to warrant promotion to Grade 2.
Progression to Interpreter Grade 3 shall be dependent
upon -
(i) officers having achieved NAATI accreditation as a
professional interpreter; and
(ii) the Officer
having completed 12 months' service as an interpreter with the employer or such
other service deemed by the employer as being equivalent thereto; and
(iii) the Officer having demonstrated competency at operational
level to warrant payment at Grade 3.
Interpreter In Charge - An employee appointed to the
position of Interpreter in Charge shall receive a rate equal to the Interpreter
- Grade 2 - 5th year of service and thereafter rate; plus an allowance
equivalent to the current team leader's allowance as varied from time to time;
provided that if an employee employed as an Interpreter - Grade 3 is appointed
to the position of Interpreter in Charge he/she shall be paid his/her
appropriate rate as an Interpreter - Grade 3, plus an allowance equivalent to
the current team leader's allowance as varied from time to time.
3. Conditions of
Employment
The Health Employees Conditions of Employment (State) Award,
as varied from time to time, shall apply to all persons covered by this award.
In addition, the Health Industry Status of Employment
(State) Award, shall also apply to relevant employees.
4. Dispute
Resolution
The dispute resolution procedures contained in the Health
Employees Conditions of Employment (State) Award, shall apply.
5. Anti-Discrimination
(i) It
is 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.
(ii) 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.
(iii) Under the
Anti-Discrimination Act 1977, it is unlawful to victimise an employee because
the employee has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
(iv) 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.
(v) 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.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this 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.
6. No Extra
Claims
Other than as provided for in the Industrial Relations
Act 1996 and the Industrial Relations (Public Sector Conditions of Employment)
Regulation 2014, there shall be no further claims/demands or proceedings
instituted before the Industrial Relations Commission of New South Wales for
extra or reduced wages, salaries, rates of pay, allowances or conditions of
employment with respect to the employees covered by the Award that take effect
prior to 30 June 2016 by a party to this award.
7. Area,
Incidence and Duration
(i) This
Award takes effect from 1 July 2015 and shall remain in force for a period of
one year.
(ii) This Award
rescinds and replaces the Health Employees Interpreters (State) Award published
24 April 2009 (367 I.G. 1126) and all variations thereof.
(iii) This Award
shall apply to persons employed in classifications contained herein employed in
the New South Wales Health Service under s115(1) of the Health Services Act
1997, or their successors, assignees or transmittees,
excluding the County of Yancowinna.
PART B
MONETARY RATES
Table 1 - Salaries
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Grades
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Rate from
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1.7.2015
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$
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Interpreter - Grade 1
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1st year
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43,781
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2nd year
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45,003
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3rd year
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46,835
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4th year
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48,047
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Interpreter - Grade 2
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1st year
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52,612
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2nd year
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54,202
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3rd year
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55,582
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4th year
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57,016
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5th year
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58,433
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Interpreter - Grade 3
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1st year
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61,041
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2nd year
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62,618
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3rd year
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64,647
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4th year
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66,288
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Co-ordinator Interpreter Services
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1st year
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72,576
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2nd year
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75,548
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3rd year
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78,193
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4th year
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81,986
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M. J. WALTON J , President
____________________
Printed by the authority of the Industrial Registrar.