Health
Employees Oral Health Therapists (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, Industrial Organisation of Employees.
(No. IRC 1766 of 2008)
Before Commissioner
Bishop
|
23 September 2008
|
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Classification
Structure
4. Transition
Arrangements
5. Anti-Discrimination
6. Salaries
7. Conditions
of Employment
8. No Extra
Claims
9. Area,
Incidence and Duration
2. Definitions
"Department" means the New South Wales Department
of Health.
"Dental Clinic" means any dental clinic whether
fixed or mobile or any Oral Health Training School.
"Dental Therapist" means a person appointed as
such and who possesses an approved qualification of proficiency in theory and
technique in preventative and operative dental care of children. A dental therapist must hold the relevant
registration from the NSW Dental Board.
"Dental Hygienist" means a person appointed as
such and who possesses an approved qualification of proficiency in theory and technique in dental hygiene. A
dental hygienist must hold the relevant registration from the NSW Dental Board.
"Oral Health Therapist" means a person appointed
as such and who holds the relevant registration from the NSW Dental Board as an
oral health therapist or both the registrations of dental therapist and dental
hygienist.
"Service" unless the context otherwise indicates
or requires, means relevant service before and/or after commencement of this
award in any one or more New South Wales public health organisations or any
other organisations deemed acceptable by the Department.
"Union" means the Health Services Union.
3. Classification
Structure
3.1 Level 1
(a) Oral Health
therapists who hold an approved qualification requiring less than three years
of full time study shall commence on the level 1, Year 1 salary. Single registered dental therapist and
dental hygienists also commence on this rate. Single registered dental
therapist and dental hygienists have limited progression entitlements as
described in the Clause 4 Transition Arrangements.
(b) Oral health
therapists who hold an appropriate degree, or other qualification deemed
equivalent by the Department of Health, requiring three years of full time
study shall commence on the level 1, year 2 salary
(c) Oral health
therapists who hold an appropriate degree, or other qualification deemed
equivalent by the Department of Health, requiring four years or more full time
study shall commence on the level 1, year 3 salary.
(d) Oral health
therapists employed at level 1 are newly qualified employees. Oral health therapists at this level are
beginning practitioners who are developing their skills and competencies.
(e) Level 1 staff
are responsible and accountable for providing a professional level of service
to the health facility.
(f) Level 1 staff
work under discipline specific professional supervision. Level 1 staff exercise professional judgment
commensurate with their years of experience, as experience is gained, the level
of professional judgment increases and professional supervision decreases.
(g) Level 1 staff
participate in quality activities and workplace education.
(h) After working as
a health professional for 12 months, level 1 staff may be required to provide
supervision to undergraduate students on observational placements and to work
experience students.
3.2 Level 2
(a) Progression to
level 2 from level 1 is automatic following completion of 12 months
satisfactory service at the level 1 year 4 salary step. Single registered dental therapist and
dental hygienists have limited progression entitlements as described in the
Clause 4 Transition Arrangements.
(b) Level 2 oral
health therapists are expected to have obtained respective new practitioner
competencies and to perform duties in
addition to those at level 1.
(c) Oral health
therapists at this level are competent independent practitioners who have at
least 3 years clinical experience in their profession and work under minimal
professional supervision.
(d) Positions at
this level are required to exercise independent professional judgement on
routine matters. They may require
professional supervision from more senior staff members when performing novel,
complex or critical tasks.
(e) Level 2 staff
may be required to supervise level 1 oral health therapists and technical and
support staff as required.
(f) Level 2 oral
health therapists may be required to teach and supervise undergraduate
students, including those on clinical placements.
(g) Positions at
this level assist in the development of policies, procedures, standards and
practices, participate in quality improvement activities and may participate in
clinical research activities as required.
(h) Sole Practitioner Allowance
(i) The sole
practitioner allowance is payable to positions at level 1 or level 2 where
they:
are the only oral health practitioner at the site; and
are required to exercise independent professional
judgement on a day to day basis without ready access to another like
professional for informal consultation, assistance and advice; or
undertake administrative and/or managerial
responsibilities that would otherwise not be expected of a level 1 or level 2
position.
(j) The allowance
paid to sole practitioners at levels 1 and 2 is equal to the difference between
the maximum level 2 salary and the minimum level 3 salary ($3,912 pa).
3.3 Levels 3 and 4
(a) Creation of
positions at levels 3 and above will be on a needs basis as determined by the
employer.
(b) Positions at
Levels 3 and 4 may have a clinical, education or management focus or may have
elements of all three features.
(c) Oral health
therapists working in positions at Levels 3 and 4 are experienced clinicians
who possess expertise or a high level of broad generalist knowledge within
their discipline.
(d) Level 3 and 4
staff demonstrate advanced reasoning skills and operate autonomously with
minimum direct clinical supervision.
Level 3 and 4 staff provide clinical services to client groups and
circumstances of a complex nature requiring advanced practice skills. They are
able to apply professional knowledge and judgement when performing novel,
complex or critical tasks specific to their discipline.
(e) Staff at this
level are expected to exercise independent professional judgement when required
in solving problems and managing cases where principles, procedures, techniques
and methods require expansion, adaptation or modification.
(f) Level 3 and 4
staff have the capacity to provide clinical supervision and support to Level 1
and 2 oral health therapists, technical and support staff. Level 3 and 4 staff are involved in
planning, implementing, evaluating and reporting on services. Level 3 and 4 staff identify opportunities
for improvement in clinical practice, develop and lead ongoing quality
improvement activities with other staff.
(g) The expertise,
skills and knowledge of a Level 3 or 4 oral health therapist is such that they
may have the responsibility of a consultative role within their area(s) of
expertise. Level 3 and 4 staff may also
conduct clinical research and participate in the provision of clinical
in-service education programs to staff and students.
(h) Level 3 and 4
staff may be required to manage specific tasks or projects. Roles that may be undertaken at Levels 3 and
4 include, but are not limited to, the following:
(i) Senior
Clinician
The employer will establish Senior Clinician positions
at Level 3 or Level 4 as it deems appropriate based on the needs of the
service.
Oral health therapists at Level 2 may also make
application to the employer for personal progression to a Senior Clinician
Level 3. A Senior Clinician Level 3 may make such an application to progress to
Level 4.
(j) Senior
Clinician Level 3
Level 3 Senior Clinicians are oral health therapists
who, in addition to performing the full range of activities permitted under the
relevant scope of practice, are recognized as having high levels of knowledge
and clinical expertise in several areas of their scope of practice.
A Level 3 Senior Clinician may have an
operational/supervisory role in a small facility.
(k) Senior Clinician
Level 4
In addition to applying high level clinical skills as
expected for a Senior Clinician, Level 4 Senior Clinicians may have the
following roles:
A Level 4 Senior Clinician’s expert level of knowledge
and clinical practice in several areas of the scope of practice is such that
they provide a consultancy service in these areas across an Area, geographic
region or clinical network.
A Level 4 Senior Clinician’s high level knowledge and
clinical expertise across all areas of the relevant scope of practice is such
that they provide a consultancy service
within their discipline across an Area, geographic region or clinical
network. A "generalist" Level 4 Senior Clinician would usually work
in a rural or regional area.
(l) Level 4 Senior
Clinicians provide advice to service managers on clinical service delivery
development, practice and redesign. A
Level 4 Senior Clinician will have the ability to assist and provide guidance
to service managers in the development of clinical services in response to
demand and client needs. Level 4 Senior
Clinicians make a contribution to education activities related to their area of
expertise.
(m) Student Educator
- (Level 4)
A student educator is responsible for the discipline
specific clinical supervision, teaching and co-ordination of educational
activities for students on clinical placements within one or more health
facilities. This involves liaison with
education providers regarding educational outcomes of the clinical placement
and student education and placement quality evaluation within an area, region,
network or zone. The work may include
contributing to discipline workforce research or clinical placement improvement
initiatives.
A student educator may also be required to undertake
research into adult education principles, models of best practice in training
and education and training program development as required, in order to support
and improve the delivery of training to students.
The student educator may also have a clinical load.
4. Transition
Arrangements
Single registered therapists and hygienists will have
limited transition to the new oral health therapists scale, until the full oral
health therapist qualifications are obtained. This is due to the broader scope
of work of the oral health therapist over the existing classifications.
The transition will be:
Existing Grade 1 dental therapists and dental
hygienists move to the new oral health therapist scale based on years of
service to a maximum of Level 2 Year 2. Incremental progression beyond this can
only occur with registration for the full scope of work of the oral health
therapist.
Existing Grade 2 and Grade 3 Therapists move to the new
oral health therapist scale based on years of service to a maximum of Level 2
Year 4.
Existing Community Dental Health Programs Officers move
to Level 3 of the new oral health therapist scale based on years of service.
New positions of Level 3 or Level 4 will be advertised
based upon the broader scope of work of
the oral health therapist. If these are unable to be filled by suitably
qualified applicants, consideration will be given to re-advertising the
position(s) with single registration criteria.
There will be no new appointments to the classification of
Community Dental Health Programs Officer or Dental Therapist Tutor. Any new
appointments to the classifications of single registered dental therapist or
dental hygienist will be employed against the new oral health therapist scale
with the limited progression entitlements as prescribed in the transition
arrangements for current employees.
5.
Anti-Discrimination
(i) It 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. Salaries
Salaries shall be in accordance with the rates contained in the Health Professional Medical
Salaries (State) Award.
7. Conditions of
Employment
Conditions of Employment for employees shall be those
prescribed in the Public Hospital (Professional and Associated Staff)
Conditions of Employment (State) Award, subject to the preservation of accrued
rights for employees transferred from the Public Service on 1 October 1986.
8. No Extra Claims
The parties to this award recognise that the award
extinguishes all work value and special case claims up to the date of making of
this award.
9. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Public Hospital Dental Therapists (State) Award
published 10 March 2006 (357 IG 977) and all variations thereof.
(ii) This Award
shall apply to persons employed in classifications contained herein employed in
or in connection with the New South Wales Health Service as defined in section
16 of the Health Services Act 1997, or their successors, assignees or
transmittees.
(iii) This Award
takes effect from the first pay period commencing on or after 17 September
2008, and shall remain in force for a period of three years.
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.