Health Employees' Interpreters' (State) Award
2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry
of Health
(Case No. 2017/190967)
Before Chief
Commissioner Kite
|
29 June 2017
|
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 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
accreditation as a paraprofessional 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 accreditation as a
professional 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 2018 by a party to this
Award.
7. Area, Incidence and
Duration
(i) This
Award takes effect from the first full pay period on or after 1 July 2017 and
shall remain in force for a period of one year.
(ii) This Award
rescinds and replaces the Health Employees’ Interpreters’ (State) Award
published 29 July 2016 (380 IG 332) 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
01/07/2017
|
|
2.5%
|
|
$ per annum
|
Interpreter - Grade 1
|
|
1st year
|
45,997
|
2nd year
|
47,281
|
3rd year
|
49,206
|
4th year
|
50,480
|
Interpreter - Grade 2
|
|
1st year
|
55,275
|
2nd year
|
56,946
|
3rd year
|
58,396
|
4th year
|
59,902
|
5th year
|
61,391
|
Interpreter - Grade 3
|
|
1st year
|
64,131
|
2nd year
|
65,788
|
3rd year
|
67,920
|
4th year
|
69,644
|
Co-ordinator Interpreter Services
|
|
1st year
|
76,250
|
2nd year
|
79,372
|
3rd year
|
82,152
|
4th year
|
86,137
|
P. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.