Health
Employees' Interpreters' (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, Industrial Organisation of Employees.
(No. IRC 2099 of 2008)
|
Before Commissioner McLeay
|
12 November 2008
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
6. Anti-Discrimination
7. Area,
Incidence and Duration
3. Conditions
of Employment
1. Definitions
5. Dispute
Resolution
4. No Extra
Claims
2. Salaries
PART B
MONETARY RATES
Table 1 - Salaries
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 Director-General exercising
employer functions on behalf of the Government of NSW (and includes a delegate
of the Director-General). .
"Interpreter" means a person appointed as such.
"NAATI" means the National Accreditation Authority
for Translators and Interpreters.
"Union" means the Health Services Union.
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. No Extra Claims
The Memorandum of Understanding between the employer and the
Union dated 23 September 2008 establishes the extent of any further claims that
may be pursued by the Union.
5. Dispute Resolution
The dispute resolution procedures contained in the Health
Employees Conditions of Employment (State) Award, shall apply.
6.
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.
7. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Health Employees Interpreters (State) Award published
10 March 2006 (357 I.G. 944) and all variations thereof.
(ii) 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.
(iii) This Award
takes effect from 12 November 2008, and shall remain in force until 30 June
2011.
PART B
MONETARY RATES
Table 1 - Salaries
|
Grades
|
Rate from
|
Rate from
|
Rate from
|
|
|
1.7.2008
|
1.7.2009
|
1.7.2010
|
|
|
$
|
$
|
$
|
|
Interpreter - Grade 1
|
|
|
|
|
1st year
|
36,007
|
37,411
|
38,870
|
|
2nd year
|
37,011
|
38,454
|
39,954
|
|
3rd year
|
38,518
|
40,020
|
41,581
|
|
4th year
|
39,517
|
41,058
|
42,659
|
|
Interpreter - Grade 2
|
|
|
|
|
1st year
|
43,270
|
44,958
|
46,711
|
|
2nd year
|
44,577
|
46,316
|
48,122
|
|
3rd year
|
45,711
|
47,494
|
49,346
|
|
4th year
|
46,891
|
48,720
|
50,620
|
|
5th year
|
48,059
|
49,933
|
51,880
|
|
Interpreter - Grade 3
|
|
|
|
|
1st year
|
50,202
|
52,160
|
54,194
|
|
2nd year
|
51,499
|
53,507
|
55,594
|
|
3rd year
|
53,167
|
55,241
|
57,395
|
|
4th year
|
54,518
|
56,644
|
58,853
|
|
Co-ordinator Interpreter Services
|
|
|
|
|
1st year
|
59,688
|
62,016
|
64,435
|
|
2nd year
|
62,132
|
64,555
|
67,073
|
|
3rd year
|
64,308
|
66,816
|
69,422
|
|
4th year
|
67,428
|
70,058
|
72,790
|
J.
McLEAY, Commissioner
____________________
Printed by the
authority of the Industrial Registrar.