Health Employees' Interpreters' (State) Award 2019
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 186177 of 2021)
|
Before Chief Commissioner Constant
|
30 July 2021
|
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 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 they shall be paid their 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 2019, 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 2019, 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 2019, as varied or replaced from time to time, shall
apply.
5. Anti-Discrimination
(i) 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.
(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 2022 by a party to this Award.
7. Area, Incidence and
Duration
(i) This
Award takes effect from 1 July 2021 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 2021.
(ii) This Award
rescinds and replaces the Health
Employees’ Interpreters’ (State) Award 2019 published 1 November 2019
(385 I.G. 655) 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
|
Classification
|
Rate to apply prior to ffppoa
01/07/2021
$ per annum
|
Rate from ffppoa 01/07/2021
$ per annum
|
|
Interpreter
|
|
Grade 1
|
|
1st Year
|
48,471
|
49,460
|
|
2nd Year
|
49,824
|
50,840
|
|
3rd Year
|
51,852
|
52,910
|
|
4th Year
|
53,195
|
54,280
|
|
Grade 2
|
|
1st Year
|
58,247
|
59,435
|
|
2nd Year
|
60,008
|
61,232
|
|
3rd Year
|
61,536
|
62,791
|
|
4th Year
|
63,124
|
64,412
|
|
5th Year
|
64,692
|
66,012
|
|
Grade 3
|
|
1st Year
|
67,579
|
68,958
|
|
2nd Year
|
69,326
|
70,740
|
|
3rd Year
|
71,572
|
73,032
|
|
4th Year
|
73,390
|
74,887
|
|
Co-ordinator Interpreter Services
|
|
1st Year
|
80,350
|
81,989
|
|
2nd Year
|
83,640
|
85,346
|
|
3rd Year
|
86,570
|
88,336
|
|
4th Year
|
90,768
|
92,620
|
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.