Crown
Employees (Interpreters and Translators, Community Relations Commission) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Director
of Public Employment.
(No. IRC 88 of 2010)
Before The Honourable
Justice Walton, Vice-President
|
16 February 2010
|
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. Interpreter/Translator
Classifications
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 - Casual Rates of Pay
2. Title
This Award shall be known as the Crown Employees
(Interpreters and Translators, Community Relations Commission) Award.
3. Definitions
3.1 "Act"
means the Public Sector Employment and Management Act 2002.
3.2 "Association"
means Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
3.3 "CRC"
means the Office of Community Relations Commission of New South Wales, within
Communities NSW as specified in Part 1 of Schedule 1 of the Public Sector
Employment and Management Act 2002.
3.4 "Director
of Public Employment" (DPE) means the position of Director of Public
Employment established under chapter 6 of the Public Sector Employment and
Management Act 2002.
3.5 "Interpreter/Translator"
means a person with either interpreting or translation qualifications as
specified under subclauses 7.2, 7.3 or 7.4 of clause 7, Interpreter/Translator
Classifications, or means a person with both interpreting and translation
qualifications which are as specified under the said subclauses 7.2, 7.3 or
7.4.
3.6 "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.
3.7 "NAATI"
means the National Accreditation Authority for Translators and Interpreters.
3.8 "Service"
means continuous service for salary purposes.
3.9 "Staff
member" means an officer or temporary employee as defined in the Public
Sector Employment and Management Act 2002 and, unless otherwise specified
in this award, includes both full-time and part-time staff.
4. Parties to the
Award
The parties to this award are the Director of Public
Employment and the Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales.
5. Exhibition of Award
A copy of this Award is to be accessible to all
Interpreters/Translators.
6. Salaries
6.1 Salary rates are
set in accordance with the Crown Employees (Public Sector - Salaries 2008)
Award or any variation or replacement award.
6.2 Staff members
shall be paid in accordance with the rates set out in Table 1 - Rates of Pay,
of Part B, Monetary Rates.
6.3 A person
employed as a casual employee shall be paid the appropriate hourly rates at the
level specified for the relevant position as set out in Table 2 - Rates of Pay,
of Part B, Monetary Rates.
6.4 CRC may
determine to commence a staff member or casual employee on a salary point above
the Year 1 rate depending on their qualifications, skills, knowledge and
experience.
7.
Interpreter/Translator Classifications
7.1 An
Interpreter/Translator has either interpreting or translation qualifications or
both interpreting and translation qualifications.
7.2 Interpreting/Translating
Officer
Qualification:
Relevant community languages that NAATI neither accredits nor
recognises. Initial 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.
7.3 Interpreter/Translator
Qualification:
(a) 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 CRC.
7.4 Senior
Interpreter/Translator
Qualification:
(a) 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 CRC.
7.5 Incremental
Progression is in accordance with the Public Sector Employment and Management
Regulation 2009. The effective date of progression shall be the anniversary
date of appointment to the position.
Incremental progression for part-time staff members is the same as for
full time staff members, that is, part-time staff members receive an increment
annually.
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 as set out in Table 2 - Rates of Pay
of Part B Monetary Rates for the relevant position. These hourly rates include
an additional 20 per cent loading on the base rate in lieu of all leave
entitlements, excluding extended leave. The 20 per cent loading in lieu of
leave will not be paid in the overtime rates.
A further 34.5 per cent loading will be applied to the base rate to
cover the itinerant nature of the work being carried out within the normal work
areas as specified under subclause 8.4 of this clause. This loading compensates
Casual Interpreters for travel, meals, waiting time and travel time.
8.2 The base
overtime rate in Table 2 - Rates of Pay, of Part B Monetary Rates is to be used
to calculate all overtime payments.
This rate does not include the 20% loading.
8.3 Commencement
Rate and Incremental Progression for Casual Interpreters
(a) all Casual
Interpreters employed after the date this award is made will commence on a rate
calculated by reference to the Year 1 rate and will progress to the next rate
on the anniversary date of appointment.
(b) CRC may consider
a commencement rate above the Year 1 rate depending on the individual’s
qualifications, skills, knowledge and experience.
(c) Casual
Interpreters employed at the date of commencement of this award will continue
to be paid at a rate calculated by reference to the Year 5 rate.
8.4 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) Award
2009 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 CRC or
the home address of the Interpreter, whichever is closest to the assignment.
8.5 Minimum Hours of
Work - A Casual Interpreter directed to work any interpreting assignment shall
be paid a minimum of three ordinary hours work at the hourly rate for such
assignment between the hours of 7.30 a.m. and 6.00 p.m. Monday to Friday.
8.6 A Casual
Interpreter who works for more than three hours but less than eight hours
between 7.30 a.m. and 6.00 p.m. Monday to Friday shall be paid for time
actually worked beyond the three hours as follows:
(a) assignments
exceeding 3 hours by up to 29 minutes will be rounded for the first half hour,
then
(b) all subsequent
time will be rounded to the next 15 minutes.
8.7 During work
performed between the hours of 7.30 a.m. and 6.00 p.m. Monday to Friday a
Casual Interpreter shall be entitled to take an unpaid luncheon period of a
minimum of one half hour.
8.8 A Casual
Interpreter required to perform work outside the hours of 7.30 a.m. and 6.00
p.m. Monday to Friday shall be paid at the base overtime rate and receive meal
allowance provisions in accordance with the Crown Employees (Public Service
Conditions of Employment) Award 2009.
8.9 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.
8.10 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) Award 2009.
9. Casual Translators
The parties agree that the employment of Casual Translators
shall not prejudice the employment of any permanent Interpreters/Translators.
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 as:
(a) "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.
(b) "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 -
the rates of pay for Casual Translators are set out in Table 2 - Rates of Pay
of Part B Monetary Rates for the relevant position. These hourly rates include
an additional 20 per cent loading on the base rate in lieu of all leave
entitlements, excluding extended leave, plus a 34.5 per cent loading covering
use of their own equipment and premises.
9.3 Commencement
Rate and Incremental Progression for Casual Translators
(a) all Casual
Translators employed after the date this award is made will commence on a rate
calculated by reference to the Year 1 rate and will progress to the next rate
on the anniversary date of appointment.
(b) CRC may consider
a commencement rate above the Year 1 rate depending on the individual’s
qualifications, skills, knowledge and experience.
(c) Casual
Translators employed at the date of commencement of this award will continue to
be paid at a rate calculated by reference to the Year 5 rate.
10. No Extra Claims
Parties to this award are obliged not to pursue any extra
claims except those allowed by Part 1, Division 1, 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 a staff member or casual employee
because that person 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) Staff members
and casual 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 Staff members and
casual 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 or casual
employee 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 staff member
or casual 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 staff member or casual
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 staff member or casual 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 A staff member or
casual employee may at any stage request to be represented by the Association
representative.
12.7 The staff member
or casual 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 staff member
or casual employee, Association, Chair CRC and the DPE 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 staff member or casual employee or member of the
public.
13. Deduction of
Union Membership Fees
13.1 The Association
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 Association
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 staff member or casual employee
who is a member of the union in accordance with the union’s rules, provided
that the staff member or casual employee has authorised the employer to make
such deductions.
13.4 Monies so deducted
from the staff member’s or casual 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 staff member’s or casual 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 a staff
member or casual 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 staff member or casual employee
to make a fresh authorisation in order for such deduction to continue.
14. Savings of Rights
Should there be a variation to the Crown Employees (Public
Sector - Salaries 2008) Award, or an Award replacing it, staff members and
casual employees 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
15.1 This award shall
apply to the classifications as defined herein.
15.2 The staff members
and casual 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 as provided for under
the Public Sector Employment and Management Act 2002, the Public Sector
Employment and Management Regulation 2009, the Crown Employees (Public Service
Conditions of Employment) Award 2009 and the Crown Employees (Public Sector -
Salaries 2008) Award or any awards replacing these awards.
15.3 This award
rescinds and replaces the Crown Employees (Interpreters and Translators,
Community Relations Commission) Award 2007 published 26 October 2007 (364 I.G
52) and all variations thereof.
15.4 This award will
be operative from 16 February 2010 and will remain in force until 30 June 2011.
PART B
MONETARY RATES
Effective from the beginning of the first pay period to
commence on or after the dates in the column headings
Table 1 - Rates of
Pay
Classification and
Grades
|
Per annum
|
Per annum
|
|
1 July 2009
|
1 July 2010
|
|
$
|
$
|
Interpreting/Translating Officer
|
|
|
Year 1
|
51,573
|
53,636
|
Year 2
|
54,976
|
57,175
|
Year 3
|
58,925
|
61,282
|
Interpreter/Translator
|
|
|
Year 1
|
54,976
|
57,175
|
Year 2
|
58,925
|
61,282
|
Year 3
|
63,102
|
65,626
|
Year 4
|
66,844
|
69,518
|
Year 5
|
70,117
|
72,922
|
Senior Interpreter/Translator
|
|
|
Year 1
|
72,196
|
75,084
|
Year 2
|
74,396
|
77,372
|
Year 3
|
77,384
|
80,479
|
Table 2 - Casual
Rates of Pay
Casual Interpreter
|
1 July 2009
|
1 July 2010
|
Year 1
|
|
|
Base Hourly Rate (Unloaded)
|
30.10
|
31.30
|
Hourly Rate (Base + 20% + 34.5%)
|
46.50
|
48.36
|
Base Overtime Rate (Base + 34.5%)
|
40.48
|
42.10
|
Year 2
|
|
|
Base Hourly Rate (Unloaded)
|
32.27
|
33.56
|
Hourly Rate (Base + 20% + 34.5%)
|
49.86
|
51.85
|
Base Overtime Rate (Base + 34.5%)
|
43.40
|
45.14
|
Year 3
|
|
|
Base Hourly Rate (Unloaded)
|
34.55
|
35.93
|
Hourly Rate (Base + 20% + 34.5%)
|
53.38
|
55.51
|
Base Overtime Rate (Base + 34.5%)
|
46.47
|
48.33
|
Year 4
|
|
|
Base Hourly Rate (Unloaded)
|
36.60
|
38.06
|
Hourly Rate (Base + 20% + 34.5%)
|
56.55
|
58.81
|
Base Overtime Rate (Base + 34.5%)
|
49.23
|
51.20
|
Year 5
|
|
|
Base Hourly Rate (Unloaded)
|
38.38
|
39.92
|
Hourly Rate (Base + 20% + 34.5%)
|
59.30
|
61.68
|
Base Overtime Rate (Base + 34.5%)
|
51.62
|
53.69
|
|
|
|
Casual Translator
|
|
|
Year 1
|
|
|
Standard Document Translation
|
23.25
|
24.18
|
Non Standard Document Translation
|
|
|
First 200 words or part thereof
|
46.50
|
48.36
|
Then 100 words thereafter or part thereof
|
23.25
|
24.18
|
Editing
|
|
|
First 200 words or part thereof
|
34.88
|
36.27
|
Then 100 words thereafter or part thereof
|
17.44
|
18.14
|
Proof Reading
|
|
|
First 200 words or part thereof
|
23.25
|
24.18
|
Then 100 words thereafter or part thereof
|
11.63
|
12.09
|
Checking
|
|
|
First 200 words or part thereof
|
34.88
|
36.27
|
Then 100 words thereafter or part thereof
|
17.44
|
18.14
|
|
|
|
Year 2
|
|
|
Standard Document Translation
|
24.93
|
25.93
|
Non Standard Document Translation
|
|
|
First 200 words or part thereof
|
49.86
|
51.85
|
Then 100 words thereafter or part thereof
|
24.93
|
25.93
|
Editing
|
|
|
First 200 words or part thereof
|
37.39
|
38.89
|
Then 100 words thereafter or part thereof
|
18.70
|
19.44
|
Proof Reading
|
|
|
First 200 words or part thereof
|
24.93
|
25.93
|
Then 100 words thereafter or part thereof
|
12.46
|
12.96
|
Checking
|
|
|
First 200 words or part thereof
|
37.39
|
38.89
|
Then 100 words thereafter or part thereof
|
18.70
|
19.44
|
|
|
|
Year 3
|
|
|
Standard Document Translation
|
26.69
|
27.76
|
Non Standard Document Translation
|
|
|
First 200 words or part thereof
|
53.38
|
55.51
|
Then 100 words thereafter or part thereof
|
26.69
|
27.76
|
Editing
|
|
|
First 200 words or part thereof
|
40.03
|
41.63
|
Then 100 words thereafter or part thereof
|
20.02
|
20.82
|
Proof Reading
|
|
|
First 200 words or part thereof
|
26.69
|
27.76
|
Then 100 words thereafter or part thereof
|
13.34
|
13.88
|
Checking
|
|
|
First 200 words or part thereof
|
40.03
|
41.63
|
Then 100 words thereafter or part thereof
|
20.02
|
20.82
|
|
|
|
Year 4
|
|
|
Standard Document Translation
|
28.27
|
29.41
|
Non Standard Document Translation
|
|
|
First 200 words or part thereof
|
56.55
|
58.81
|
Then 100 words thereafter or part thereof
|
28.27
|
29.41
|
Editing
|
|
|
First 200 words or part thereof
|
42.41
|
44.11
|
Then 100 words thereafter or part thereof
|
21.21
|
22.05
|
Proof Reading
|
|
|
First 200 words or part thereof
|
28.27
|
29.41
|
Then 100 words thereafter or part thereof
|
14.14
|
14.70
|
Checking
|
|
|
First 200 words or part thereof
|
42.41
|
44.11
|
Then 100 words thereafter or part thereof
|
21.21
|
22.05
|
Year 5
|
|
|
Standard Document Translation
|
29.68
|
30.87
|
Non Standard Document Translation
|
|
|
First 200 words or part thereof
|
59.30
|
61.67
|
Then 100 words thereafter or part thereof
|
29.68
|
30.87
|
Editing
|
|
|
First 200 words or part thereof
|
44.49
|
46.27
|
Then 100 words thereafter or part thereof
|
22.24
|
23.13
|
Proof Reading
|
|
|
First 200 words or part thereof
|
29.68
|
30.87
|
Then 100 words thereafter or part thereof
|
14.83
|
15.42
|
Checking
|
|
|
First 200 words or part thereof
|
44.49
|
46.27
|
Then 100 words thereafter or part thereof
|
22.24
|
23.13
|
M.
J. WALTON J, Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.