Health Employees' Interpreters' (State) Award 2019

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Ministry of Health.

 

(Case No. 205847 of 2019)

 

 

AWARD

 

PART A

 

Arrangement

 

Clause No.       Subject Matter

 

1          Definitions

2          Salaries

3          Conditions of Employment

4          Dispute Resolution

5          Anti-Discrimination

6          No Extra Claims

7          Area, Incidence and Duration

 

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 New South Wales.

 

"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

 

Full time Interpreter Employees shall be paid the salaries as set out in Table 1 of Part B - Monetary Rates of this Award.

 

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 2018, 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 2018, 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 2018, 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 2020 by a party to this Award.

 

7.  Area, Incidence and Duration

 

(i)        This Award takes effect from 1 July 2019 and shall remain in force for a period of one year. The rates in the second column in Table 1 in Part B - Monetary Rates will apply from the first full pay period on or after (ffppoa) 1 July 2019.

 

(ii)      This Award rescinds and replaces the Health Employees’ Interpreters’ (State) Award 2018 published 31 May 2019 (384 I.G. 439) 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

 

 

 

 

P. M. KITE, Chief Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.