Crown Employees (Interpreters and Translators,
Multicultural NSW) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Multicultural NSW.
(Case No. 307389 of 2020)
|
Before Commissioner Murphy
|
19 May 2021
|
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
Classifications
8. Translator
Classifications
9. Reclassifications
10. Casual
Interpreting
11. Casual
Translators
12. Telephone
Interpreting
13. Professional
Development
14. Employee
Assistance Program
15. Anti-Discrimination
16. Grievance/Dispute
Resolution Procedures
17. Consultation
and Technological Change
18. Deduction
of Union Membership Fees
19. No Extra
Claims
20. Area,
Incidence and Duration
2. Title
This Award shall be known as the Crown Employees (Interpreters
and Translators, Multicultural NSW) Award 2021.
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 a rate determined by dividing the
annual salary by 52.17857, then by dividing 35. The base rate is not inclusive
of any Casual Worker Loading.
3.4 "Casual
Interpreter" a person is a casual interpreter if they hold the relevant
NAATI credentials or qualifications as determined by Multicultural NSW and
accept a job offer from Multicultural NSW knowing that there is no firm advance
commitment to ongoing work with an agreed pattern of work.
3.5 "Casual
Translator" a person is a casual translator if they hold the relevant
NAATI credentials or qualifications as determined by Multicultural NSW and
accept a job offer from Multicultural NSW knowing that there is no firm advance
commitment to ongoing work with an agreed pattern of work.
3.6 "Casual
Worker Loading" is a loading of 28% paid for Standard Hours. The loading
is paid in recognition of:
(a) the itinerant
nature of the employment, and
(b) to compensate
for all leave (except Long Service Leave), and
(c) travel time
The Casual Worker Loading is not included for the
purposes of Non-Standard Hours or overtime.
3.7 "Court
Interpreting Assignment" means interpreting assignments booked by NSW
Courts.
3.8 "Employee"
means a person employed in the kind of work defined by clause 7 and 8 of this
Award to undertake interpreting or translating assignments.
3.9 "Hourly
rate" means the base rate, plus the Casual Worker Loading of 28%.
3.10 "Interpreter/Translator"
means an interpreter/translator who holds the credentials and qualifications as
specified by NAATI or as determined by Multicultural NSW.
3.11 "Interpreting"
means when an interpreter transfers a spoken or signed message in another
language (the source language) into a spoken or signed message in another
language (the target language) for the purpose of communication between people
who do not share the same language.
3.12 "Interpreting
Assignment" means the provision of Interpreting Services for the period
allocated.
3.13 "Machine
translation (MT)" means using fully automated software that can transfer
source content into target languages. MT is used to help render text and speech
into another language, or the MT software may operate without human intervention.
3.14 "Minimum
hours of work for casual interpreters" are as follows:
(a) for Court
Interpreting Assignments booked by NSW Courts: 3 hours.
(b) Telephone
interpreting: 15 minutes.
(c) for all other
assignments: 1.5 hours.
3.15 "Multicultural
NSW" means the Multicultural NSW Staff Agency, within the Department of
Communities and Justice as specified in Schedule 1, Part 2 of the Act.
3.16 "NAATI"
means the National Accreditation Authority for Translators and Interpreters.
3.17 "Non-Standard
Hours" for Casual Interpreters means hours worked outside the Standard
Hours of 7.30a.m. to 6.00 p.m. Monday to Friday or hours worked on weekends and
public holidays.
3.18 "NSW
Courts" means the NSW Supreme Court, NSW District Court, NSW Local Court,
NSW Coroners Court, NSW Drug Court or NSW Children’s Court. It does not refer to NSW Tribunals or Courts
under the Commonwealth or other State jurisdictions.
3.19 "Secretary"
means the Industrial Relations Secretary, as established under the Act.
3.20 "Standard
Hours" for Casual Interpreters means hours worked between 7.30 a.m. and
6.00 p.m., Monday to Friday.
3.21 "Technology
Based Interpreting" means interpreting via technological medium. Technology
mediated interpreting includes:
(a) telephone
interpreting (as per clause 12)
(b) videoconference
interpreting where participants communicate through a live audio-visual link
(as per clause 10).
3.22 "Transcription"
means converting spoken words from a video or audio file into text.
3.23 "Translating
assignment" means allocation of documents to be transferred from the text
of one language (the source language) into the text of another language (the
target language) accurately reflecting the meaning.
3.24 "Translation"
means transferring the text from one language (the source language) into the
text of another language (the target language) accurately reflecting the
meaning for the purpose of communication between persons who do not share the
same language.
4. Parties to the
Award
The parties to this Award are the Secretary, Multicultural NSW and the Association.
5. Exhibition of Award
A copy of this Award is to be accessible to all
Multicultural NSW Interpreters and Translators.
6. Salaries
6.1 Salary rates are
set in accordance with the Crown Employees (Public Sector - Salaries 2019)
Award or any variation or replacement award.
6.2 A person
employed as a casual employee shall be paid the appropriate base rates as set
out in the Crown Employees (Public Sector - Salaries 2019) Award or any
variation or replacement Award for the relevant classification set out in the
table in subclause 10.2 or the table in subclause 11.3.
7. Interpreter
Classifications
7.1 An Interpreter
has interpreting qualifications based on the following NAATI recognised
classifications. It is the responsibility of the
employee to ensure that the credentials are current.
7.2 Certified
Specialist Legal/Health/Conference Interpreter Qualification:
(a) Certified at
Specialist or Conference Interpreter level as demonstrated by NAATI
certification; or
(b) Meeting the
qualifications/standards determined by Multicultural NSW.
7.3 Certified
Interpreter
Qualification:
(a) Certified at
Certified Interpreter level as demonstrated by the NAATI certification; or
(b) Meeting the
qualifications/standards determined by Multicultural NSW.
7.4 Certified
Provisional Interpreter
Qualification:
(a) Certified at
Provisional Interpreter level as demonstrated by NAATI certification; or
(b) Meeting the
qualifications/standards determined by Multicultural NSW.
7.5 Recognised
Practising Interpreter
A Recognised Practising credential is granted in
languages in which NAATI is unable to deliver testing on a regular basis. An
Interpreter who holds a Recognised Practising credential has satisfied the
minimum training requirements stipulated by NAATI and has recent and regular
experience as an Interpreter. Recognised
Practising credentials do not have equal status with certification.
8. Translator
Classifications
8.1 A Translator has
translating qualifications based on the following NAATI recognised classifications.
It is the responsibility of the employee to ensure that the credentials are
current.
8.2 Certified
Advanced Translator Qualification:
(a) Certified at
Advanced Translator level as demonstrated by NAATI certification; or
(b) Meeting the qualifications/standards
determined by Multicultural NSW.
8.3 Certified
Translator Qualification:
(a) Certified at
Certified Translator Level as demonstrated by NAATI certification; or
(b) Meeting the
qualifications/standards determined by Multicultural NSW.
8.4 Recognised
Practising Translator
A Recognised Practising credential is granted in
languages in which NAATI is unable to deliver testing on a regular basis. A
Translator who holds a Recognised Practising credential has satisfied the
minimum training requirements stipulated by NAATI and has recent and regular
experience as a Translator. Recognised
Practising credentials do not have equal status with certification.
9. Reclassification
9.1 Employees may
apply for reclassification by way of successful completion of the appropriate
NAATI certification process for that classification.
9.2 Where NAATI does
not currently provide assessment for a language the employee may be eligible
for assessment by Multicultural NSW, subject to the following criteria:
(a) Appropriate
qualifications in interpreting or translating;
(b) Evidence of
actual hours interpreting hours or words translated within the two years prior
to the date of application;
(c) References provided
by past interpreting or translating clients or language services providers;
(d) Successful
completion of a Multicultural NSW on-line assessment;
(e) Actual evidence
of Professional Development requirements, as set by NAATI, being met; and
(f) Assessment for
Certified Interpreter or Translator classification will also require successful
completion of a language proficiency test in both English and the language
certification that is being sought for.
9.3 Where NAATI
subsequently provides assessments for a language Multicultural NSW has made an
assessment for in accordance with subclause 9.2, Multicultural NSW will require
Interpreters and Translators to undertake the NAATI test within 3 months of the
test becoming available.
9.3.1 If an
Interpreter or Translator required to undertake a NAATI test under clause 9.3,
subsequently fails that test, their rate of pay will revert to their current
NAATI certification level from the first pay period after receiving the NAATI
outcome.
9.3.2 If an Interpreter or Translator required to
undertake a NAATI test under clause 9.3, does not undertake the test within the
3-month period of the test becoming available, their rate of pay will revert to
their current NAATI certification level from the first pay period after the
3-month period has lapsed.
10. Casual
Interpreting
The parties agree that the employment
of Interpreters on a casual basis shall not prejudice the employment of any
permanent Interpreters.
10.1 The
provisions of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009 ("the Conditions of Employment Award") apply to a
Casual Interpreter engaged in face-to-face services, except for the following
provisions in the Conditions of Employment Award:
(a) Clause 12 - Casual Employment (the
following subclauses still apply 12.6, Personal Carers entitlement for casual
employees, 12.7, Bereavement entitlements for casual employees and subclause
12.8, Application of other clauses of this Award to casual employees)
(b) Clause 14 - Morning and Afternoon Breaks
(c) Section 4 - Allowances and other matters
except clauses 36, 37 and 51
(d) Section 8 - Shift Work and Overtime
10.2 Each classification has a designated common salary
point as set out in the Crown Employees (Public Sector-Salaries 2019) Award. As
follows in the Table below:
|
NAATI Credential Held
|
Face to Face, Video Conferencing and Transcription
Services
|
|
|
|
|
Certified Specialist
(Legal/Health/Conference)
|
91
|
|
Certified
Interpreter
|
81
|
|
Certified
Provisional Interpreter
|
76
|
|
Recognised
Practising Interpreter
|
56
|
10.2.1 Casual Interpreters are paid the Casual Worker
Loading of 28% for work within Standard Hours.
10.2.2 Casual Interpreters employed at the date of
commencement of this Award will be paid at a rate commensurate with their NAATI
certification as per clause 7 of this Award; or as determined by Multicultural
NSW where NAATI certification is not held by the employee.
10.3 Rates of pay - Minimum Engagement
10.3.1 A Casual Interpreter shall be paid a minimum of
1.5 hours, with the exception of Court Interpreting
Assignments booked by NSW Courts, which will be paid a minimum of 3 hours. All
subsequent time will be rounded to the next 15-minute increment.
10.3.2 Casual Transcription rates are paid the base
rate as detailed in Table of subclause 10.2 plus the Casual Worker Loading of
28%, for the time taken to complete the job.
10.3.3 If an assignment duration is extended for
longer than the booking time, the Casual Interpreter is able
to elect to cease attendance or continue the extended assignment. If the
Casual Interpreter elects to continue, they will be paid for the extended
assignment. Multicultural NSW at the time it confirms a booking shall advise
the person who made the booking of the right of the Casual Interpreter to make
an election under the subclause.
10.4 A Casual Interpreter is entitled to take an
unpaid break of 30 minutes at the completion of five hours or by mutual
agreement with a client.
10.5 Rates of pay -
Non-Standard Hours
10.5.1 Payment for Non-Standard Hours will be
calculated as follows:
(a) 150% base rate for all Non-Standard Hours
worked on weekdays and Saturdays
(b) 200% base rate for Sundays
(c) 250% base rate for Public Holidays
10.5.2 The Casual Worker Loading will not be paid for
work completed outside Standard Hours.
10.5.3 Where an Assignment includes both Standard
Hours and Non-Standard Hours Casual Interpreters will be paid as follows:
(a) any
15-minute block which commences during Standard Hours will be paid at Standard
Hours rates; and
(b) any
15-minute block which commences during Non-Standard Hours will be paid at
Non-Standard Hours rates.
10.5.4 A
Casual Interpreter required to work outside of the Standard Hours shall be paid
the rates in paragraph 10.5.1 and receive meal allowance provisions in
accordance with the Conditions of Employment Award.
10.6 Work within
Normal Work area.
(a) A Casual Interpreter
will not be entitled to travel payment for distances travelled from the Casual
Interpreter’s home address to the location of the initial assignment.
(b) When the Casual
Interpreter travels from the initial assignment directly to any subsequent assignment,
at a different location on the same day, the Casual Interpreter is entitled to
payment of actual travel costs to and from the second assignment or subsequent
assignments.
(c) Travel
will be by the most practical available route and by the most practical and
economic means of transport. Where this is not possible, transport will be by
means and route agreed with Multicultural NSW.
10.7 Day Work
Outside Normal Work Area
A Casual Interpreter shall be entitled to payment for
travel time as per the Conditions of Employment Award for distances travelled
when required to carry out 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.
(c) Travel
will be by the most practical available route and by the most practical and
economic means of transport. Where this is not possible, transport will be by
means and route agreed with Multicultural NSW.
10.7.1 A Casual
Interpreter required to work outside the normal work area shall receive meal
allowance provisions in accordance with the Conditions of Employment Award.
10.8 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 Conditions of Employment Award.
10.9 Cancellation of
Services
10.9.1 Where a Casual Interpreter has been booked for an
assignment to be completed in a single day and the assignment is cancelled the
following is applied:
(a) Assignment cancelled more than one
working day (more than 24 hours) before booking commencement time - no
cancellation payment is due.
(b) Otherwise where an Assignment is
cancelled the Casual Interpreter will be paid the assignment time up to a total
of 3 hours for Court Interpreting Assignments booked by NSW Courts and 1.5
hours for all other Interpreting Assignments.
10.9.2 Where
a Casual Interpreter has been booked for an assignment exceeding a single day
and the assignment is cancelled the following is applied:
(a) Assignment cancelled more than one
working day (more than 24 hours) before booking commencement time - no
cancellation payment is due.
(b) Otherwise
where an Assignment is cancelled the Casual Interpreter will be paid 3 ordinary
hours work per day for a maximum of two days that the assignment was booked.
(c) If
an Interpreting Assignment is booked for 5 days or more and cancelled and the
Casual Interpreter is entitled to payment in accordance with subparagraph
10.9.2(b) the Casual Interpreter will for 5 days be given priority for any
alternative Interpreting Assignment for 5 days or more.
10.9.3 No cancellation
fee is payable to the Casual Interpreter if alternative assignment(s) of the
same mode of delivery, time and duration as the
original booking, are offered by Multicultural NSW during the period of the
original assignment.
10.10 Assignment Booked
within a Single Day
10.10.1 Where a
Casual Interpreter commences an assignment to be completed within a single day,
if the assignment ceases before the booking end time, the interpreter will be
paid for the whole period of the assignment booking time.
10.11 NSW Courts
10.11.1 If,
while this Award remains in force, Multicultural NSW is notified that it will
no longer be the provider of Court Interpreting Assignments then the rates in
this clause applicable to Court Interpreting Assignments will no longer apply
and the provisions of the Crown Employees (Interpreters and Translators,
Multicultural NSW) Award made by Chief Commissioner Kite on 13 March 2019 (385
IG 149 Serial C8720) will apply.
11. Casual Translators
The parties agree that the employment of Translators on a casual
basis shall not prejudice the employment of any permanent Translators.
11.1 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.
11.2 The provisions of
the Conditions of Employment Award apply to a Casual Translator engaged in
services, except for the following provisions in the Conditions of Employment
Award:
(a) Clause 12 -
Casual Employment (the following subclauses still apply 12.6, Personal Carers
entitlement for casual employees, 12.7, Bereavement entitlements for casual
employees and subclause 12.8, Application of other clauses of this Award to
casual employees)
(b) Clause 14 -
Morning and Afternoon Breaks
(c) Section 4 -
Allowances and other matters
(d) Section 8 -
Shift Work and Overtime
11.3 Each
classification has a designated common salary point as set out in the Crown
Employees (Public Sector-Salaries 2019) Award. As follows in the table below:
|
NAATI Credential Held
|
Standard and Non-Standard Translations, Post
Editing
|
|
|
of Machine Translation, Checking and Proof
Reading
|
|
Certified Advanced
Translator
|
91
|
|
Certified
Translator
|
81
|
|
Recognised
Practising Translator
|
63
|
11.3.1 Casual Translators are paid the base rate plus
a Casual Worker Loading of 28%.
11.4 Rates
of Pay - Standard Documents
11.4.1 Translation
of Standard Documents as defined in paragraph 11.8.1 are paid at the rates in
table 11.3 for 30 minutes.
11.5 Rates
of Pay - Non-Standard Documents
11.5.1 Translation
of Non-Standard Documents of up to 800 words as defined in paragraph 11.8.2 are
paid at the rates in table 11.3 for 60 minutes for the first 200 words or part
thereof and 30 minutes for each subsequent 100 words or part thereof up to 800
words.
11.5.2 Translation
of Non-Standard Documents exceeding 800 words as defined in paragraph 11.8.2,
are paid the rates in table 11.3 for 30 minutes for each 100 words, less 10 per
cent for all words over 800 words up to 2500 words. Payment for words exceeding
800 words will be calculated per 100 word blocks or
any part thereof.
11.5.3 Translation
of Non-Standard Documents exceeding 2500 words as defined in paragraph 11.8.2,
are paid the rates in table 11.3 for 30 minutes for each 100 words, less 15 per
cent for all words over 2500 words. Payment for words exceeding 2500 words will
be calculated per 100 word blocks or any part thereof.
11.6 Rates
of pay - Post Editing of Machine Translations, Checking and Proof Reading
11.6.1 Post-editing
of Machine Translation as defined in clause 11.8.4 and Checking as defined in
paragraph 11.8.3 are paid the 45 minutes for the first 200 words or part
thereof and 22.5 minutes for subsequent 100 words or part thereof of
translation work at the Non-Standard Document rate.
11.6.2 Proof
reading as defined in subclause 11.8.5 are paid the equivalent of 30 minutes
for the first 200 words or part thereof and 15 minutes for subsequent 100 words
or part thereof of translation work at the Non-Standard Document rate.
11.7 Casual
Translators employed at the date of commencement of this Award will be paid at
a rate commensurate with their NAATI certification as per clause 8 of this
Award; or as determined by Multicultural NSW where NAATI certification is not
held by the employee.
11.8 Translators
are paid for the following types of Translation Assignments -
11.8.1 Standard Document
translations for documents which relate to an individual and are personal to
that individual. They are not limited to but include a birth certificate,
marriage certificate, baptismal/christening certificate, death certificate,
driver's license, passport and are deemed to be equal to one hundred words of
translation.
11.8.2 Non-Standard
Document translations for all other documents, not included in Standard
Documents, including but not limited to educational qualifications, medical
certificates, reports, letters and information
pamphlets etc.
11.8.3 Checking means an
independent linguistic comparison of a translation with the source text and
with the preparation of an assessment report.
11.8.4 Post-editing of
Machine Translation means when the translator amends a machine-generated translation
to achieve an acceptable final product or document.
11.8.5 Proof Reading and
correction of translations, with the aid of standard proof-reading symbols, of
typographical errors in proofs, or, using the same method, the revision of
passages because the client has made minor changes to the source text.
12. Telephone
Interpreting
12.1 Casual
Interpreting - Telephone Services
12.1.1 Telephone
interpreting services will be ad-hoc and intermittent throughout the day or
night.
12.1.2 Acceptance of an
assignment is voluntary, and refusal will not impact any future assignments.
12.1.3 The provisions of
the Conditions of Employment Award apply to a Casual Telephone Interpreter
engaged in services, except for the following provisions in the Conditions of
Employment Award:
(a) Section 3 -
Travelling Arrangements
(b) Clause 12 -
Casual Employment (the following subclauses still apply 12.6, Personal Carers
entitlement for casual employees and 12.7, Bereavement entitlements for casual
employees and subclause 12.8, Application of other clauses of this Award to
casual employees)
(c) Clause 14 -
Morning and Afternoon Breaks
(d) Section 4 -
Allowances and other matters
(e) Section 8 -
Shift Work and Overtime
12.2 Casual
Interpreting - Telephone Service types:
(a) On-Demand is
where the telephone interpreting service is required immediately
(b) Pre-Booked is where
the telephone interpreting service is booked in advance by a client for a
specific date and time.
12.3 Hours of Work -
Telephone Interpreting Services
12.3.1 Standard Hours of
work are Monday to Friday between 7.30 a.m. to 6.00 p.m.
12.3.2 Non-Standard Hours
of work are performed outside the Standard Hours of 7.30 a.m. to 6.00 p.m.
Monday to Friday.
12.4 Rates of Pay
Casual Interpreter - Telephone Services
12.4.1 A Casual
Interpreter for Telephone Services shall be paid the appropriate rate detailed
in Part B - Rates of Pay - Telephone Interpreting of this Award. These rates
include an additional 20 per cent Casual Worker Loading on the base rate.
(a) Standard Hours
- Table 2 - On-Demand Telephone Interpreting and Table 2 - Pre-Booked Telephone
Interpreting
(b) Non-Standard
Hours - Table 3 - On-Demand Telephone Interpreting and Table 4 - Pre-Booked
Telephone Interpreting
12.5 Public Holidays
12.5.1 If an employee is
required to undertake a telephone interpreting assignment on a public holiday,
they are entitled to receive standard hourly rate plus an additional 150 per
cent for the duration of the assignment.
12.6 Cancellation of
Telephone Interpreting Services
12.6.1 Where a Telephone
Interpreter has accepted a pre-booked assignment and the assignment is
cancelled within 24 hours before the commencement time, the employee shall be
paid the standard rate of pay for the first 30 minutes.
12.6.2 If an interpreter
is offered a replacement assignment for the same commencement time no cancellation
payment is due.
13. Professional
Development
Multicultural NSW will provide employees with training to go
towards NAATI certification.
14. Employee
Assistance Program
Multicultural NSW will provide employees with access to its
Employee Assistance Program, a confidential and voluntary service to support
the health and wellbeing of staff covered by this Award.
15.
Anti-Discrimination
15.1 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.
15.2 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.
15.3 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.
15.4 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; or
(d) a party to this
Award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
15.5 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."
16. 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.
16.1 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.
16.2 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.
16.3 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.
16.4 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.
16.5 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.
16.6 A staff member or
casual employee may at any stage request to be represented by the Association
representative.
16.7 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.
16.8 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.
16.9 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.
17. Consultation and
Technological Change
17.1 There shall be
effective means of consultation, as set out in the Consultative Arrangements
Policy and Guidelines document, on matters of mutual interest and concern, both
formal and informal, between management and Association.
17.2 The Departmental
management shall consult with the Association prior to the introduction of any
technological change.
18. Deduction of Union
Membership Fees
18.1 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.
18.2 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.
18.3 Subject to
subclauses 18.1 and 18.2 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.
18.4 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 members’ or casual
employees’ union membership accounts.
18.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
18.6 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.
19. No Extra Claims
The no extra claims clause (clause 8) contained in the Crown
Employees (Public Sector - Salaries 2019) Award shall apply to employees
covered by this Award.
20. Area, Incidence
and Duration
20.1 This Award shall
apply to employees employed in the classifications defined in clause 7 and 8 of
this Award.
20.2 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 2019) Award or any awards replacing these awards.
20.3 This Award is
made under section 10 of the Industrial Relations Act 1996 and rescinds and
replaces the Crown Employees (Interpreters and Translators, Multicultural NSW)
Award published 6 September 2019 (385 I.G. 149) Serial C8720, and all
variations thereof. This award shall take effect on and from 1 July 2021 and
shall remain in force until 30 June 2024.
PART B
Rates of Pay - Telephone Interpreting
Rates of Pay for Telephone Interpreting Classifications
covered by this Award - Effective from the date of approval by Industrial
Relations Commission. These rates will be updated in accordance with any annual
adjustments to the Crown Employees (Salaries - 2019) Award or any variation or
replacement Award.
Table 1 - Rates of Pay Standard Hours On-Demand Telephone
Interpreting
These rates of pay are an all-inclusive rate of pay
including any Casual Worker Loading.
|
Classification
|
Rate of Pay
|
Rate of Pay
|
|
|
First 15 mins
|
Per minute
thereafter
|
|
Certified Interpreter
|
$12.50
|
$0.60
|
|
Certified Provisional Interpreter
|
$11.70
|
$0.55
|
|
Recognised Practising Interpreter
|
$11.00
|
$0.50
|
Table 2 - Rates of Pay Standard Hours Pre-Booked
Telephone Interpreting
These rates of pay are an all-inclusive rate of pay
including any Casual Worker Loading.
|
Classification
|
Rate of Pay
|
Rate of pay
|
|
|
First 30 mins
|
Per 15 minutes
thereafter
|
|
Certified Interpreter
|
$21.50
|
$9.00
|
|
Certified Provisional Interpreter
|
$19.95
|
$8.25
|
|
Recognised Practising Interpreter
|
$18.50
|
$7.50
|
Table 3 - Rates of Pay Non-Standard Hours On-Demand
Telephone Interpreting
These rates of pay are an all-inclusive rate of pay
including any Casual Worker Loading.
|
Classification
|
Rate of Pay
|
Rate of pay
|
|
|
First 15 mins
|
Per minute
thereafter
|
|
Certified Interpreter
|
$18.75
|
$0.90
|
|
Certified Provisional Interpreter
|
$17.55
|
$0.83
|
|
Recognised Practising Interpreter
|
$16.50
|
$0.75
|
Table 4 - Rates of Pay Non-Standard Hours Pre-Booked
Telephone Interpreting
These rates of pay are an all-inclusive rate of pay
including any Casual Worker Loading.
|
Classification
|
Rate of Pay
|
Rate of pay
|
|
|
First 30 mins
|
Per 15 minutes
thereafter
|
|
Certified Interpreter
|
$32.25
|
$13.50
|
|
Certified Provisional Interpreter
|
$29.93
|
$12.58
|
|
Recognised Practising Interpreter
|
$27.75
|
$11.25
|
J. V. MURPHY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.