Health Employees' Interpreters' (State) Award 2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Ministry of Health.
(Case No. 199411 of 2018)
|
Before Commissioner Murphy
|
3 July 2018
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AWARD
PART A
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 certification as a Certified Provisional
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 certification as a Certified 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 or replaced from time to time, shall apply to all persons covered by
this Award.
In addition, the Health Industry Status of Employment
(State) Award, as varied or replaced from time to time, shall also apply to
relevant employees.
4. Dispute Resolution
The dispute resolution procedures contained in the Health
Employees Conditions of Employment (State) Award, as varied or replaced from
time to time, 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 2019 by a party to this
Award.
7. Area, Incidence and
Duration
(i) This
Award takes effect from the first full pay period (ffppoa)
on or after 1 July 2018 and shall remain in force for a period of one year.
(ii) This Award
rescinds and replaces the Health Employees’ Interpreters’ (State) Award 2017
published 24 November 2017 (382 I.G.
126) 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 ffppoa 01/07/2018
|
|
|
2.5%
|
|
|
Per Annum
|
|
|
$
|
|
Interpreter - Grade 1
|
|
|
1st year
|
47,147
|
|
2nd year
|
48,463
|
|
3rd year
|
50,436
|
|
4th year
|
51,742
|
|
Interpreter - Grade 2
|
|
|
1st year
|
56,657
|
|
2nd year
|
58,370
|
|
3rd year
|
59,856
|
|
4th year
|
61,400
|
|
5th year
|
62,926
|
|
Interpreter - Grade 3
|
|
|
1st year
|
65,734
|
|
2nd year
|
67,433
|
|
3rd year
|
69,618
|
|
4th year
|
71,385
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Co-ordinator Interpreter Services
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|
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1st year
|
78,156
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2nd year
|
81,356
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3rd year
|
84,206
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4th year
|
88,290
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J.V. MURPHY, Commissioner
____________________
Printed by the authority of the Industrial Registrar.