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New South Wales Industrial Relations Commission
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Crown Employees (Interpreters and Translators, Community Relations Commission) Award
  
Date08/17/2012
Volume374
Part1
Page No.47
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C7770
CategoryAward
Award Code 222  
Date Posted08/17/2012

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(222)

(222)

SERIAL C7770

 

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 122 of 2012)

 

Before The Honourable Mr Justice Staff

26 April 2012

 

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.        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 the Department of  Education and Communities as specified in Part 1 Division 2 of Schedule 1 of the Public Sector Employment and Management Act 2002.

 

3.4      "Director-General, Department of Premier and Cabinet" (D-G DPC) shall mean the employer as established under 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-General Department of Premier and Cabinet  and the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales (PSA).

 

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 Director-General, Department of Premier and Cabinet,  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    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 26 April 2012.

 

15.4    Changes made to this award subsequent to it first being published on 26 March 2010 (370 I.G. 1) have been incorporated into this award as part of the review.

 

15.5    This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

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

Per annum

 

1 July 2009

1 July 2010

1 July 2011

 

$

$

$

Interpreting/Translating Officer

 

 

 

Year 1

51,573

53,636

54,977

Year 2

54,976

57,175

58,604

Year 3

58,925

61,282

62,814

Interpreter/Translator

 

 

 

Year 1

54,976

57,175

58,604

Year 2

58,925

61,282

62,814

Year 3

63,102

65,626

67,267

Year 4

66,844

69,518

71,256

Year 5

70,117

72,922

74,745

Senior Interpreter/Translator

 

 

 

Year 1

72,196

75,084

76,961

Year 2

74,396

77,372

79,306

Year 3

77,384

80,479

82,491

 

Table 2 - Casual Rates of Pay

 

Casual Interpreter

1 July 2009

1 July 2010

1 July 2011

 

$

$

$

Year 1

 

 

 

Base Hourly Rate (Unloaded)

30.10

31.30

32.08

Hourly Rate (Base + 20% + 34.5%)

46.50

48.36

49.57

Base Overtime Rate (Base + 34.5%)

40.48

42.10

43.15

Year 2

 

 

 

Base Hourly Rate (Unloaded)

32.27

33.56

34.40

Hourly Rate (Base + 20% + 34.5%)

49.86

51.85

53.15

Base Overtime Rate (Base + 34.5%)

43.40

45.14

46.27

Year 3

 

 

 

Base Hourly Rate (Unloaded)

34.55

35.93

36.83

Hourly Rate (Base + 20% + 34.5%)

53.38

55.51

56.90

Base Overtime Rate (Base + 34.5%)

46.47

48.33

49.54

Year 4

 

 

 

Base Hourly Rate (Unloaded)

36.60

38.06

39.01

Hourly Rate (Base + 20% + 34.5%)

56.55

58.81

60.28

Base Overtime Rate (Base + 34.5%)

49.23

51.20

52.48

Year 5

 

 

 

Base Hourly Rate (Unloaded)

38.38

39.92

40.92

Hourly Rate (Base + 20% + 34.5%)

59.30

61.68

63.22

Base Overtime Rate (Base + 34.5%)

51.62

53.69

55.03

Casual Translator

 

 

 

Year 1

 

 

 

Standard Document Translation

23.25

24.18

24.78

Non Standard Document Translation

 

 

 

First 200 words or part thereof

46.50

48.36

49.57

Then 100 words thereafter or part thereof

23.25

24.18

24.78

Editing

 

 

 

First 200 words or part thereof

34.88

36.27

37.18

Then 100 words thereafter or part thereof

17.44

18.14

18.59

Proof Reading

 

 

 

First 200 words or part thereof

23.25

24.18

24.78

Then 100 words thereafter or part thereof

11.63

12.09

12.39

Checking

 

 

 

First 200 words or part thereof

34.88

36.27

37.18

Then 100 words thereafter or part thereof

17.44

18.14

18.59

Year 2

 

 

 

Standard Document Translation

24.93

25.93

26.58

Non Standard Document Translation

 

 

 

First 200 words or part thereof

49.86

51.85

53.15

Then 100 words thereafter or part thereof

24.93

25.93

26.58

Editing

 

 

 

First 200 words or part thereof

37.39

38.89

39.86

Then 100 words thereafter or part thereof

18.70

19.44

19.93

Proof Reading

 

 

 

First 200 words or part thereof

24.93

25.93

26.58

Then 100 words thereafter or part thereof

12.46

12.96

13.28

Checking

 

 

 

First 200 words or part thereof

37.39

38.89

39.86

Then 100 words thereafter or part thereof

18.70

19.44

19.93

Year 3

 

 

 

Standard Document Translation

26.69

27.76

28.45

Non Standard Document Translation

 

 

 

First 200 words or part thereof

53.38

55.51

56.90

Then 100 words thereafter or part thereof

26.69

27.76

28.45

Editing

 

 

 

First 200 words or part thereof

40.03

41.63

42.67

Then 100 words thereafter or part thereof

20.02

20.82

21.34

Proof Reading

 

 

 

First 200 words or part thereof

26.69

27.76

28.45

Then 100 words thereafter or part thereof

13.34

13.88

14.23

Checking

 

 

 

First 200 words or part thereof

40.03

41.63

42.67

Then 100 words thereafter or part thereof

20.02

20.82

21.34

Year 4

 

 

 

Standard Document Translation

28.27

29.41

30.15

Non Standard Document Translation

 

 

 

First 200 words or part thereof

56.55

58.81

60.28

Then 100 words thereafter or part thereof

28.27

29.41

30.15

Editing

 

 

 

First 200 words or part thereof

42.41

44.11

45.21

Then 100 words thereafter or part thereof

21.21

22.05

22.60

Proof Reading

 

 

 

First 200 words or part thereof

28.27

29.41

30.15

Then 100 words thereafter or part thereof

14.14

14.70

15.07

Checking

 

 

 

First 200 words or part thereof

42.41

44.11

45.21

Then 100 words thereafter or part thereof

21.21

22.05

22.60

Year 5

 

 

 

Standard Document Translation

29.68

30.87

31.64

Non Standard Document Translation

 

 

 

First 200 words or part thereof

59.30

61.67

63.21

Then 100 words thereafter or part thereof

29.68

30.87

31.64

Editing

 

 

 

First 200 words or part thereof

44.49

46.27

47.43

Then 100 words thereafter or part thereof

22.24

23.13

23.71

Proof Reading

 

 

 

First 200 words or part thereof

29.68

30.87

31.64

Then 100 words thereafter or part thereof

14.83

15.42

15.81

Checking

 

 

 

First 200 words or part thereof

44.49

46.27

47.43

Then 100 words thereafter or part thereof

22.24

23.13

23.71

 

 

 

 

C. G. STAFF  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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