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New South Wales Industrial Relations Commission
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Health Employees' Interpreters' (State) Award
  
Date08/14/2015
Volume377
Part5
Page No.1546
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C8379
CategoryAward
Award Code 096  
Date Posted08/11/2015

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(096)

SERIAL C8379

 

Health Employees' Interpreters' (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Ministry of Health.

 

(No. IRC 419 of 2015)

 

Before The Honourable Justice Walton, President

13 July 2015

 

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

 

Grades

Rate from

 

1.7.2015

 

$

Interpreter - Grade 1

 

1st year

43,781

2nd year

45,003

3rd year

46,835

4th year

48,047

Interpreter - Grade 2

 

1st year

52,612

2nd year

54,202

3rd year

55,582

4th year

57,016

5th year

58,433

Interpreter - Grade 3

 

1st year

61,041

2nd year

62,618

3rd year

64,647

4th year

66,288

Co-ordinator Interpreter Services

 

1st year

72,576

2nd year

75,548

3rd year

78,193

4th year

81,986

 

 

 

 

M. J. WALTON J , President

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

 

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