Crown Employees (Interpreters and Translators,
Multicultural NSW) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 285964 of 2018)
Before Chief Commissioner Kite
|
13 March 2019
|
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. Area,
Incidence and Duration
2. Title
This Award shall be known as the Crown Employees
(Interpreters and Translators, Multicultural NSW) Award.
3. Definitions
3.1 "Act"
means the Government Sector Employment
Act 2013.
3.2 "Association"
means Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
3.3 "Base
rate" for casual interpreters means the hourly
rate based on 35 hour week for work undertaken on Mondays to Fridays.
3.4 "Hourly
rate" means the base rate, plus the casual itinerant worker loading of 20%
which is not paid for overtime hours, and the itinerant work loading of 34.5%
loading, which applies for all hours worked.
3.5 "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.
3.6 "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.
3.6.1 "Minimum
hours of work for casual interpreters" means 3 ordinary hours work at the
hourly rate for such assignment between the hours of 7.30 a.m. and 18.00 p.m.
Monday to Friday.
3.6.2 Work outside the
period 7:30 am and 18:00. Mondays to Fridays - All work performed by casual
interpreters Monday to Friday inclusive, shall be paid at the rate of time and
one half for the first two hours and double time thereafter, or a minimum
payment of 3 ordinary hours whichever is higher.
3.6.3 Work on Saturdays
- All work performed by casual interpreters on Saturday shall be paid for at
the rate of time and one-half for the first two hours and double time
thereafter.
3.6.4 Work on Sundays -
All work performed by casual interpreters on Sunday shall be paid at the rate
of double time.
3.6.5 Work on Public
Holidays - All work performed by casual interpreters on a public holiday shall
be paid for the rate of double time and one half.
3.6.6 A casual interpreter
who works on a Saturday, Sunday and Public Holiday shall be paid a minimum
payment as for three (3) hours work at the appropriate rate.
3.7 "Multicultural
NSW" means the Multicultural NSW Staff Agency, within the Department of
Family and Community Services as specified in Schedule 1, Part 2 of the Government Sector Employment Act
2013.
3.8 "NAATI"
means the National Accreditation Authority for Translators and Interpreters.
3.9 "Ordinary
hours for casual interpreters" means hours worked between the hours of
7:30 am and 6:00 pm Monday and Friday and is paid at the base rate as defined
in clause 3.3, plus the casual loading of 20% and itinerant worker’s loading of
34.5%.
3.10 "Overtime
rate" for casual interpreters includes the base hourly rate for a 35 hour
week, plus the itinerant worker loading of 34.5% and is paid at the appropriate
overtime rate.
3.11 "Secretary"
means the Secretary, NSW Industrial Relations, as established under the Government Sector Employment Act
2013".
3.12 "Service"
means continuous service for salary purposes.
3.13 "Staff
member" means an ongoing or temporary employee to whom, Part 4 of the Government Sector Employment Act 2013
applies 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 Secretary of NSW
Industrial Relations, the Department of Family and Community Services 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 2018) Award
or any variation or replacement award.
6.2 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 in the Crown Employees
(Public Sector - Salaries 2018) Award or any variation or replacement Award.
6.3 Multicultural
NSW 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 certifies 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 Multicultural NSW.
7.3 Interpreter/Translator
Qualification:
(a) Certified at
Interpreter level or Translator level as demonstrated by way of the NAATI
certification or equivalent accreditation authority at the time; or
(b) meeting the qualifications/standards determined by
Multicultural NSW.
7.4 Senior
Interpreter/Translator
Qualification:
(a) Certification
at Conference Level (Interpreter) or Advanced Translator (Translators or above
as demonstrated by way of NAATI certification or equivalent certification
authority at the time); or
(b) meeting the qualifications/standards determined by
Multicultural NSW.
7.5 Incremental
Progression is in accordance with the Government Sector Employment Regulation 2014.
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 the Crown Employees
(Public Sector-Salaries 2018) Award for the relevant position.
8.1.1 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 the Crown Employees (Public Sector - Salaries 2018) Award 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) Multicultural
NSW 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) Reviewed 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 the home
address of the Interpreter.
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) Reviewed 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 Multicultural NSW
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) Reviewed 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 the Crown Employee
(Public Sector - Salaries 2018) 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) Multicultural
NSW 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
The no extra claims clause (clause 8) contained in the Crown
Employees (Public Sector - Salaries
2018) Award shall apply to employees covered by this Award.
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 Chief Executive Officer, 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 Agency 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 CEO, Multicultural NSW.
12.5 In the event that
the matter remains unresolved, the CEO-Multicultural NSW,
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 CEO, Multicultural
NSW, 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, CEO, Multicultural NSW and the Public Service
Commission, 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 Work 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. Area, Incidence
and Duration
14.1 This award shall
apply to the classifications as defined herein.
14.2 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 Government Sector Employment Act 2013,
the Government Sector Employment Regulation 2014, the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009 and the Crown Employees
(Public Sector - Salaries 2018) Award or any awards replacing these awards.
14.3 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
published 15 January (378 I.G. 1105), 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 4 March 2019.
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.