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 571 of 2007)
Before Commissioner
Ritchie
|
13 September 2007
|
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. Appointment
and Progression
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 - Allowances
2. Title
This Award shall be known as the Crown Employees
(Interpreters and Translators, Community Relations Commission) Award.
3. Definitions
"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.
"Officer" means and includes all persons
permanently appointed under the provisions of the Public Sector Employment
and Management Act 2002, and who at the date of operation of this award
were occupying one of the positions prescribed herein or who, after that date,
are appointed to one of such positions but does not include any person who
resigned or whose services were terminated prior to the date of the operation
of the award.
"Employee" means and includes all persons
temporarily employed under the provisions of the Public Sector Employment
and Management Act 2002.
"Service" means continuous service for salary
purposes.
"CRC" means the Office of Community Relations
Commission of New South Wales.
"Employer" means the Director of Public Employment
(DPE).
"Association" means Public Service Association and
Professional Officers Association Amalgamated Union of New South Wales.
"NAATI" means the National Accreditation Authority
for Translators and Interpreters.
"Interpreter/Translator" means a person with
either Interpreting or Translation qualifications as specified under subclauses
7.1, 7.2 or 7.3 of clause 7, Appointment and Progression, or means a person
with both interpreting and translation qualifications which are as specified
under the said subclauses 7.1, 7.2 or 7.3.
4. Parties to the
Award
The parties to this award are the Employer and the
Association.
5. Exhibition of
Award
A copy of this Award is to be accessible to all Interpreters/Translators.
6. Salaries
Salary rates shall be paid in accordance with the rates set
out in Table 1 - Rates of Pay, of Part B, Monetary Rates.
Provided that an officer temporarily employed under the
provisions of the Public Sector Employment and Management Act 2002, in
any of the positions covered by this award, shall, unless otherwise determined
by the Employer, be paid the weekly equivalent of the annual and hourly rates
specified for the relevant position.
7. Appointment and
Progression
7.1 The
Interpreting/Translating Officer is an entry level position for the relevant
community languages that NAATI neither accredits nor recognises. 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.
7.2 Appointment to
Interpreter/Translator shall be dependent upon:
(a) the officer or
employee having been 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 Employer.
(c) Progression -
there are 5 levels of Interpreter/Translator and progress through the 5 levels
of salary scale is dependent upon years of satisfactory service as an
Interpreter/Translators with the CRC.
Satisfactory service is certified by the supervisor through the
compilation of an incremental progression report, in accordance with the
requirements under the Public Sector Employment and Management Act
2002. The effective date of progression
shall be the anniversary date of appointment to the position of Interpreter/Translator.
7.3 Appointment to
Senior Interpreter/Translator shall be dependent upon:
(a) the officer or
employee having received 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 Employer.
(c) Progression -
There are three levels of Senior Interpreter/Senior Translator and progress through
the 3 levels of salary scale is dependent upon the years of satisfactory
service as a Senior Interpreter/Senior Translator with the CRC. Satisfactory
service is certified by the supervisor through the compilation of an
incremental progression report, in accordance with the requirements under the Public
Sector Employment and Management Act 2002.
The effective date of progression shall be the anniversary date of
appointment to the position of Senior Interpreter/Senior Translator.
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 based on the Interpreter/Translators fifth
year of service rate and includes a 20 per cent loading in lieu of all leave
entitlements excluding extended leave plus a 34.5 per cent loading to cover the
itinerant nature of the work carried out within the normal work areas as
specified under subclause 8.2 of this clause. This loading compensates Casual
Interpreters for travel, meals, waiting time and travel time, and shall be paid
in accordance with the rates set out in Part B, Monetary Rates. The 20 per cent loading in lieu of leave
will not be paid in the overtime rates.
The base overtime rate is to be used to calculate all overtime payments.
8.2 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) Reviewed Award 2006 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 Community Relations Commission or the home address of the interpreter,
whichever is closest to the assignment.
8.3 Minimum Hours
of Work - A casual Interpreter directed to work any interpreting assignment
shall be paid a minimum of three ordinary hours work for such assignment
between the hours of 7.30 a.m. and 6.00 p.m. Monday to Friday. An assignment exceeding three hours but less
than eight hours between 7.30 a.m. and 6.00 p.m. Monday to Friday shall be paid
the additional hourly rate of pay for every hour or part thereof for those
extra hours. During work performed
between the hours of 7.30 a.m. and 6.00 p.m. Monday to Friday an officer shall
be entitled to take an unpaid luncheon period of a minimum of one half hour.
Work performed outside the hours of 7.30 a.m. and 6.00
p.m. Monday to Friday shall be paid at overtime rates and receive meal
allowance provisions in accordance with the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006.
8.4 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.
8.5 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) Reviewed Award 2006.
9. Casual Translators
The parties agree that the employment of Casual Translators
shall not prejudice the employment of any permanent Interpreter/Translator.
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 herewith:
"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.
"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 -
Rates of pay for casual translators are based on the Interpreter/Translator
fifth year of service rate and includes a 20 per cent loading in lieu of all
leave entitlements excluding extended leave plus a 34.5 per cent loading
covering use of their own equipment and premises.
Salary Rates shall be paid in accordance with the rates
set out in Part B, Monetary Rates.
10. No Extra Claims
Parties to this award are obliged not to pursue any extra
claims except those allowed by Part 2, Division 3, 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 an officer or employee because the
officer or employee 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) Employers and
officers /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 Officers and
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 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 officer or
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 officer or 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 officer or 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 An officer or
employee may at any stage request to be represented by the Association
representative.
12.7 The officer or
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 officer or
employee, Association, Chair CRC and Employer 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 officer or employee or member of the public.
13. Deduction of
Union Membership Fees
13.1 The union 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 union 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 officer or employee who is a
member of the union in accordance with the union’s rules, provided that the
officer or employee has authorised the employer to make such deductions.
13.4 Monies so
deducted from the 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 officer/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 an
officer or 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 officer or employee to make a fresh
authorisation in order for such deduction to continue.
14. Savings of Rights
At the time of the making of this Award, no officer or employee
covered by this Award will suffer a reduction in his or her rate of pay or any
loss or diminution of his or her conditions of employment as a consequence of
the making of this Award.
Should there be a variation to the Crown Employees (Public
Sector - Salaries 2007) Award, or an Award replacing it, officers 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
This award shall apply to the classifications as defined
herein.
The 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 are provided for under
the Public Sector Employment and Management Act 2002, the Public Sector
Employment and Management (General) Regulation 1996, the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006 and the Crown
Employees (Public Sector - Salaries 2007) Award or any awards replacing these
awards.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the Crown
Employees (Interpreters and Translators, Community Relations Commission) Award
2003 published 12 March 2004 (343 I.G. 620) and all variations thereof.
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 13 September 2007.
The award remains in force until varied or rescinded the
period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Effective from the
beginning of the first pay period to commence on or after 1 July 2007
Classification and
Grades
|
Common
|
Per annum
|
|
Salary
|
$
|
|
Point
|
|
|
|
|
Interpreting/Translating Officer
|
|
|
Year 1
|
49
|
47,682
|
Year 2
|
56
|
50,829
|
Year 3
|
63
|
54,480
|
Interpreter/Translator
|
|
|
Year 1
|
56
|
50,829
|
Year 2
|
63
|
54,480
|
Year 3
|
70
|
58,341
|
Year 4
|
76
|
61,801
|
Year 5
|
81
|
64,827
|
Senior Interpreter/Translator
|
|
|
Year 1
|
84
|
66,749
|
Year 2
|
87
|
68,784
|
Year 3
|
91
|
71,546
|
Casual Interpreter
|
|
|
Base Hourly Rate (Unloaded)
|
-
|
35.48
|
Hourly Rate (Base + 54.5%)
|
-
|
54,82
|
Base Overtime Rate (Base + 34.5%)
|
-
|
47.72
|
Casual Translator
|
|
|
Standard Document
|
-
|
27.44
|
Non Standard Document
|
|
|
Translation
|
|
|
First 200 words or part thereof
|
-
|
54.83
|
Then 100 words thereafter or part thereof
|
-
|
27.44
|
Editing
|
|
|
First 200 words or part thereof
|
-
|
41.13
|
Then 100 words thereafter or part thereof
|
-
|
20.56
|
Proof Reading
|
|
|
First 200 words or part thereof
|
-
|
27.44
|
Then 100 words thereafter or part thereof
|
-
|
13.71
|
Checking
|
|
|
First 200 words or part thereof
|
-
|
41.13
|
Then 100 words thereafter or part thereof
|
-
|
20.56
|
Table 2 -
Allowances
Effective from 1 July
2007
Overtime Meal
Allowances
|
|
$
|
Breakfast
|
After 6.00 a.m. and before 8.00 a.m.
|
22.60
|
Lunch
|
After 10.00 a.m. and before 6.00 p.m.
|
22.60
|
Dinner
|
After 6.00 p.m. and before 6.00 a.m.
|
22.60
|
D. W. RITCHIE, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.