HEALTH EMPLOYEES' INTERPRETERS' (STATE) AWARD 2024
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Secretary, NSW Ministry of Health
(No. IRC 242810 of 2024)
|
Before President Taylor
|
26 November 2024
|
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:
(a) Satisfactory service and a recommendation to the employer:
(b) 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 -
(a) officers
having achieved NAATI certification as a Certified Interpreter; and
(b) 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
(c) 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 2023, 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 2023, 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
2023, 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
The Commission makes this Award on the basis that the
parties have provided the following undertaking: Other than as provided for in
the Industrial Relations Act 1996 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 2025 by a party to this Award.
For the avoidance of doubt, the Parties may, during the term
of this Award, discuss additional opportunities for system improvements and, if
agreed, a further pay increase may be provided to recognise the contribution of
employees to those system improvements.
7. Area, Incidence and Duration
(i) This Award takes effect from 1
July 2024 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 2024.
(ii) This
Award rescinds and replaces the Health Employees’ Interpreters’ (State)
Award 2023 published 1 September 2023 (395 I.G. 24) 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
In the period 1 July 2024 to the commencement of the first
full pay period on or after 1 July 2024 the applicable rates of pay are those
that applied immediately prior to the first full pay period on or after 1 July 2024.
|
Classification
|
Rate
from ffppoa 01/07/2024
Per
annum
$
|
|
Interpreter
|
|
Grade 1
|
|
1st Year
|
56110
|
|
2nd Year
|
57575
|
|
3rd Year
|
59772
|
|
4th Year
|
61225
|
|
Grade 2
|
|
1st Year
|
66696
|
|
2nd Year
|
68603
|
|
3rd Year
|
70258
|
|
4th Year
|
71978
|
|
5th Year
|
73675
|
|
Grade 3
|
|
1st Year
|
76802
|
|
2nd Year
|
78693
|
|
3rd Year
|
81125
|
|
4th Year
|
83094
|
|
Co-ordinator Interpreter Services
|
|
1st Year
|
90630
|
|
2nd Year
|
94192
|
|
3rd Year
|
97366
|
|
4th Year
|
101911
|
I. Taylor J, President.
____________________
Printed by
the authority of the Industrial Registrar.