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New South Wales Industrial Relations Commission
(Industrial Gazette)





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DENTAL TECHNICIANS (STATE) AWARD
  
Date05/28/2004
Volume344
Part7
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C2519
CategoryAward
Award Code 281  
Date Posted05/28/2004

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(281)

SERIAL C2519

 

DENTAL TECHNICIANS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 5749 of 2003)

 

Before Mr Deputy President Grayson

12 December 2003

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Hours

4.         Meal Times

5.         Classification Structure

6.         Wages

7.         Weekend Penalties

8.         Student Employment

9.         Overtime

10.       Public Holidays

11.       Annual Leave

12.       Annual Leave Loading

13.       Long Service Leave

14.       Sick Leave

15.       Personal Carer's Leave

16.       Terms of Employment

17.       Ratio of Student Dental Technicians to

Other Employees

18.       Parental Leave

19.       General Conditions

20.       Jury Service

21.       Dispute Settlement Procedure

22.       Anti- Discrimination

23.       Training Wage

24.       Area, Incidence and Duration

 

PART B

 

Monetary Rates

 

Table 1 - Monetary Rates

Table 2 - Other Rates and Allowances

 

2.  Definitions

 

"Dental Technician" means a person registered as a dental technician in accordance with the provisions of the Dental Technicians Registration Act 1975.

 

"Registered Dentist" means a person registered under the Dentists Act 1989.

 

"Approved Candidate" means a person who has been selected and with the approval of the Dental Technicians' Registration Board is bona fide undergoing training in technical work under the supervision of a Dental Technician, Dental Prosthetist or Dentist within the terms of the Dental Technicians Registration Act 1975 and prior to commencement of the  Diploma Course offered by the Department of Technical and Further Education.

 

"Student Dental Technician" means a person bona fide undergoing training in technical work under the supervision of a Dental Technician or Dentist and who is undertaking the  Diploma Course in Dental Technology or the Dental Technicians Certificate Course offered by the Department of Technical and Further Education. The engagement in such practical training is required by the Dental Technicians' Registration Board as a prerequisite to registration as a Dental Technician.

 

"Student Undertaking Approved Continuing Training" means a person who has completed training in technical work as a Student Dental Technician, as defined, but who has not passed the examination requirements necessary for registration as a Dental Technician and has been approved technical work pursuant to the provisions of the Dental Technicians Registration Act 1975.

 

"Technical Work" shall have the same meaning as "technical work" as defined pursuant to section 5 of the Dental Technicians Registration Act 1975.

 

"Part-Time Employee" shall mean an employee who is engaged on a regular basis for less than thirty-eight hours per week.

 

"Casual Employee" shall mean an employee who is engaged and paid as such.

 

"Union" means the Health Services Union.

 

3.  Hours

 

(i)         The ordinary working hours shall be an average of thirty-eight per week, to be worked between the hours of 7.00 a.m. and 7.00 p.m., Monday to Saturday, inclusive, and shall be continuous except for meal breaks.

 

(ii)        The ordinary hours may be worked in any one of the following ways:

 

(a)        Five equal days or five and a half days per week;

 

(b)        nineteen equal days in a twenty-day cycle;

 

(c)        four equal days and one short day per week;

 

(d)        or any other method agreed between the employer and employee and/or the union.

 

(iii)       The employer may vary the method of implementing the ordinary hours of work by giving at least twenty days written notice of the variation, unless a shorter period of notice is mutually agreed.  Provided that the employer shall have regard to all special circumstances that exist in relation to individual employees.

 

4.  Meal Times

 

(i)         A meal break, of not less than thirty minutes nor more than one hour, shall be allowed to each employee between the hours of 12.00 noon and 2.00 p.m. each day, Monday to Saturday, inclusive.  The meal hour, when fixed, shall not be altered, except:

 

(a)        in the case of emergency;

 

(b)        by mutual agreement between an employer and employee.

 

(ii)        Except when altered in a case of emergency, as provided for in subclause (i) of this clause, an employee called upon to work during the fixed meal hour shall be paid for such work at a rate of double time and such double time rate shall continue to be paid until the employee is given thirty minutes for a meal.

 

(iii)       An employee shall not be required to work more than five ordinary hours without a meal break; however, an employee and employer may mutually agree to work up to 6 hours without a break.

 

5.  Classification Structure

 

Dental Technician:

 

1st year of service.

 

2nd year of service.

 

3rd year of service and thereafter.

 

6.  Wages

 

(i)         The minimum rates of pay for weekly employees in the classifications set out in Clause 5 - Classification Structure, shall be as set out in Table 1 -  Rates of Pay, of Part B, Monetary Rates.

 

(ii)        A part-time employee shall be paid one thirty-eighth of the appropriate weekly wage prescribed by this award for each hour worked.

 

(iii)       A casual employee shall be paid per hour one thirty-eighth of the weekly wage prescribed by this award, plus 15 per cent.

 

NOTE:  A casual shall receive an additional loading of one-twelfth for the purposes of calculating annual holidays under the Annual Holidays Act 1944.

 

(iv)       A student dental technician shall be paid the relevant percentage of the total rate for the classification Dental Technician - 1st year (see Table 1) as follows:

 

 

Percentage of Total

 

Rate for a Dental

 

Technician - 1st year

 

 

1st Year Student

55%

2nd Year Student

65%

3rd Year Student

80%

4th Year Student

90%

 

(v)        The rates of pay in this award include the adjustments payable under the State Wage Case Decision 2003. These adjustments may be offset against:

 

(a)        any equivalent overaward payments; and/or

 

(b)        award wage increases since 29 May 1991 other than safety net adjustments and minimum rates adjustments.

 

(vi)       Wages shall be paid during working hours and not later than Friday of each week; provided that by mutual agreement wages may be paid fortnightly.

 

(vii)      By agreement with majority of employees, an employer may pay by cheque or electronic funds transfer.

 

7.  Weekend Penalties

 

(i)         Where the ordinary hours of work are worked on Saturday, the employee shall, in addition to the weekly rate, be paid a loading calculated at time and one-quarter of the ordinary hourly rate.

 

(ii)        An employee called on to work on a Sunday shall be paid at the rate of double time.

 

8.  Student Employment

 

Notwithstanding the provisions of Clause 6 - Wages, the provisions of this clause shall apply in relation to student dental technicians and students undertaking approved continuing training.

 

(i)         During such periods as study course requirements permit, students shall be employed on a full-time basis and their weekly wage entitlements shall be as provided in the said Clause 6.

 

(ii)        During such periods as study course requirements require the student to be engaged on a part-time basis the rate of pay shall be calculated as provided in the said Clause 6.

 

(iii)       For the purposes of subclause (ii) of this clause the appropriate method of calculating the hourly rate is to divide the weekly rate detailed in the said Clause 6 by thirty-eight.

 

9.  Overtime

 

(i)         All time worked before the usual starting time or after the usual finishing time shall be overtime and shall be paid for at a rate of time and one-half for the first two hours and double time thereafter.

 

(ii)        Any employee required to work more than two hours after the usual finishing time on any one day shall be paid the amount set out in Item 1 of Table 2 of Part B as a meal allowance in addition to any overtime rates payable.

 

(iii)       Any employee required to work on a day outside their ordinary hours shall be paid a minimum engagement of three hours.

 

(iv)       Any employee required to work in excess of two hours after the usual finishing time shall be allowed thirty minutes break before starting overtime; provided that, by agreement between the employer and the employee, the time of taking the break may be altered to suit the requirements of the overtime to be worked.

 

(v)        An employee shall not be required to work more than five hours of overtime without a break.

 

(vi)       An employee who has worked overtime shall be granted a break of at least ten hours between the time he/she finished work and the time he/she next commences work and such break shall be allowed without deduction from pay; provided that where an employee is required to work before he/she has completed the said ten hours break he/she shall be paid double time for all time worked until the end of the said break.

 

(vii)

 

(a)        Subject to paragraph (b) of this subclause, an employer may require an employee to work reasonable overtime at overtime rates, or as otherwise provided for in this award.

 

(b)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(c)        For the purposes of paragraph (b) of this subclause what is reasonable or otherwise will be determined having regard to:

 

(1)        any risk to employee health and safety;

 

(2)        the employee’s personal circumstances including any family and carer responsibilities;

 

(3)        the needs of the workplace or enterprise;

 

(4)        The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(5)        any other relevant matter.

 

10.  Public Holidays

 

(i)         The following days, or days observed as such, shall be holidays and shall be paid for even though not worked: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day and all other days proclaimed as public holidays throughout the State.

 

(ii)        An employee called on to work on public holidays referred to in subclause (i) of this clause, shall be paid at the rate of double time.

 

11.  Annual Leave

 

See Annual Holidays Act 1944.

 

12.  Annual Leave Loading

 

(i)         In this clause the Annual Holidays Act 1944, is referred to as "the Act".

 

(ii)        Before an employee is given and takes his/her annual holiday, or, where by agreement between the employer and the employee an annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay his/her employee a loading determined in accordance with this clause.  (NOTE:  The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (vi) of this clause).

 

(iii)       The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this award.

 

(iv)       The loading is to be calculated in relation to any period of annual holiday to which the employee becomes entitled under the Act and this award or, where such a holiday is given and taken in separate periods, then in relation to each such separate period.

 

NOTE:  See subclause (vi) of this clause as to holidays taken wholly or partly in advance.

 

(v)        The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv) of this clause at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday, but shall not include allowances, penalty rates, shift allowances, overtime or any other payments prescribed by this award.

 

(vi)       No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (v) of this clause applying the award rates of wages payable on that day.  This subclause applies where an annual holiday has been taken wholly or partly in advance.

 

(vii)      Where, in accordance with the Act, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

 

(a)        An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid a loading calculated in accordance with subclause (v) of this clause.

 

(b)        An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him/her under the Act, such proportion of the loading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the close down as his/her qualifying period of employment in completed weeks bears to 52.

 

(viii)

 

(a)        Where the employment of an employee is terminated by the employer for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled, the employee shall be paid a loading calculated in accordance with subclause (iv) of this clause for the period not taken.

 

(b)        Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.

 

13.  Long Service Leave

 

See Long Service Leave Act 1955.

 

14.  Sick Leave

 

An employee who is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity (including incapacity resulting from injury within the Workplace Injury Management and Workers Compensation Act 1998) not due to his/her own serious and wilful misconduct shall be non-attendance subject to the following:

 

(i)         Where an employee has not been in employment with the employer for at least three months the right to receive payment for sick leave taken during the first three months of employment shall not accrue unless or until the employee has completed three months service with that employer.

 

(ii)        He/she shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation.

 

(iii)       He/she shall, within twenty-four hours of the commencement of such absence, inform the employer of his/her inability to attend for duty, and as far as possible, state the nature of the illness or incapacity.

 

(iv)       He/she shall prove to the satisfaction of his/her employer (or, in the event of a dispute, the Industrial Relations Commission of New South Wales) that he/she is or was unable on account of such illness or incapacity to attend for duty on the day or days for which payment under this clause is claimed.  Such proof may include a medical certificate.

 

(v)        Subject to subclause (vi) of this clause, the employee shall be entitled to sick pay on the following basis:

 

(a)        During the first year of employment - 5 days.

 

(b)        Second and subsequent years of employment - 8 days.

 

Any period of paid sick leave allowed to an employee by his/her employer in any year shall be deducted from the period of sick leave which may be allowed or carried forward in accordance with subclause (vi) of this clause, in or in respect of such years.

 

(vi)       The rights under this clause shall accumulate from year to year so long as the employee's employment continues with the same employer so that any part of his/her entitlement which has not been allowed in any year by his/her employer may be claimed by the employee and shall be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of such continued employment.  Any rights which accumulate, pursuant to this subclause, shall be available to the employee for a period of ten years, but for no longer, from the end of the year in which they accrued.

 

15.  Personal Carer’s Leave

 

(i)         Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (2) of paragraph (c) of this subclause who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in Clause 14 - Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(1)        the employee being responsible for the care of the person concerned; and

 

(2)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step- child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:

 

(i)         "relative" means a person related by blood, marriage or affinity;

 

(ii)        "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and

 

(iii)       "household" means a family group living in the same domestic dwelling.

 

(f)         An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(ii)        Unpaid Leave for Family Purpose

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (2) of paragraph (c) of subclause (i) who is ill.

 

(iii)       Annual Leave

 

(a)        An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.

 

(iv)       Time Off in Lieu of Payment for Overtime

 

(a)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary-time hours shall be taken at the ordinary-time rate, that is, an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with this award.

 

(v)        Make-Up Time

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours and works those hours at a later time during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(vi)       Rostered Days Off

 

(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

(vii)      Bereavement Leave

 

An employee other than a casual employee, shall be entitled to a maximum of two days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person in Australia as prescribed in subclause (iii) of this clause.

 

(a)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer the proof of death.

 

(b)        Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (2) of paragraph (c) of subclause (i) of this clause, provide that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(c)        An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave

 

(d)        Bereavement leave may be taken in conjunction with other leave available under subclauses (ii), (iii), (iv) and (v) of this clause. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

16.  Terms of Employment

 

(i)         All employees, other than casual employees, shall be engaged and shall be paid by the week; provided that the first month of employment with the employer may be regarded as a probationary period and shall be paid for at the weekly rate computed on a daily basis and during such period a day's notice of termination of employment may be given on either side.  The employee shall not serve a second probationary period with the same employer.

 

(ii)        Except as to the probationary period mentioned in subclause (i) of this clause, employment shall be terminated only as prescribed in this clause.

 

(iii)       Termination of Employment

 

The employment of a weekly or part-time employee may be terminated only by one week's notice on either side, which may be given at any time, or by the payment by the employer or forfeiture by the employee of a week's pay in lieu of notice.  This shall not affect the right of an employer to dismiss an employee without notice in the case of an employee guilty of misconduct.

 

(a)        In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time the employee would have worked during the period of notice had the employment not been terminated shall be used.

 

(b)        If an employee fails to give notice the employer shall have the right to withhold moneys due to the employee up to a maximum amount equal to the ordinary-time rate of pay for the period of notice.

 

(iv)       Statement of Employment

 

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of employment and the classification of or the type of work performed by the employee.

 

17.  Ratio of Student Dental Technicians to Other Employees

 

(i)         Each employer engaging persons to perform technical work in dental laboratories may employ an unlimited number of student dental technicians and approved continuing students, as defined, provided that the combined total of such employees does not exceed the ratio of such employees to dental technicians, dental prosthetists or dentists permanently employed by the employer on a ratio of one for one, i.e., for each dental technician, dental prosthetist or dentist employed a student dental technician may be employed.

 

(ii)        Notwithstanding anything to the contrary contained in subclause (i) of this clause, an employer may, with the approval of the Dental Technicians (State) Industrial Committee, employ student dental technicians or continuing approved students in excess of the proportion prescribed in subclause (i) of this clause.  The conciliation committee, before approving an application made in accordance with this paragraph, shall satisfy itself that the employer has the equipment, facilities and registered dental technicians, dentists or dental prosthetists available for the proper training and supervision of student dental technicians and approved continuing students.

 

(iii)       For the purpose of subclause (ii) of this clause, an employer who is a registered dental technician and is working full-time in such capacity may be regarded as a registered dental technician available for the training and supervision referred to in this clause.

 

18.  Parental Leave

 

See Industrial Relations Act 1996

 

19.  Jury Service

 

See Jury Act 1977

 

20.  General Conditions

 

(i)         Clean towels shall be provided daily or disposable towels provided in lieu thereof.

 

(ii)        The employer shall furnish and shall supply all tools used by the employees and such tools shall be and shall remain the property of the employer.

 

(iii)       Suitable lockers shall be provided by the employer for the use of the employees.

 

(iv)       If requested by an employee, an employer shall provide suitable masks of gauze or rubber where work of a dusty nature is performed.

 

(v)        Protective clothing shall be provided and laundered by the employer without cost to the employee.

 

(vi)       Suitable tea and coffee making facilities and ingredients, including tea, coffee, milk and sugar, are to be provided by the employer.

 

21.  Dispute Avoidance and Grievance Procedure

 

The procedure for the resolution of grievances and industrial disputation concerning matters arising under this award shall be in accordance with the following procedural steps.

 

(i)         Procedure relating to grievance of an individual employee:

 

(a)        The employee shall notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

(b)        The grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(c)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(d)        At the conclusion of the discussion, the employer must provide a response to the employees’ grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(e)        While a procedure is being followed, normal work must continue.

 

(f)         The employer may be represented by an Industrial Organisation of Employers and the employee may be represented by an Industrial Organisation of Employees for the purpose of each procedure.

 

(ii)        Procedure for a dispute between an employer and the employees:

 

(a)        A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(b)        Reasonable time levels must be allowed for discussion at each level of authority.

 

(c)        While a procedure is being followed, normal work must continue.

 

(d)        The employer may be represented by an Industrial Organisation of Employers and the employee may be represented by an Industrial Organisation of Employees for the purpose of each procedure.

 

22.  Anti-Discrimination

 

(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.

 

(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.

 

(3)        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.

 

(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;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

(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.

 

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 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."

 

23.  Training Wage

 

As to traineeships for persons covered by this Award, see the Training Wage (State) Award 2002, made 6 September, 2002 or any other successor award thereto.

 

24.  Area, Incidence and Duration

 

This award is made following a review under Section 19 of the Industrial Relations Act 1996, and rescinds and replaces the Dental Technicians (State) Award published 19 January 2001 (321 I.G. 833), and all variations thereof.

 

This award shall apply to all persons employed in dental workrooms in the State, excluding the County of Yancowinna, within the jurisdiction of the Dental Technicians (State) Industrial Committee performing "technical work" as defined, whether as an approved candidate, a student dental technician, a student undertaking approved continuing training or registered dental technician in accordance with the Dental Technicians Registration Act 1975.

 

This award shall take effect from the beginning of the first pay period to commence on or after 12 December, 2003 and shall remain in force thereafter for a period of three years.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Classifications

Former

Rate Effective First

Rate Effective First

Rate Effective First

 

Rate

Full Pay Period to

Full Pay Period to

Full Pay Period to

 

 

Commence On Or

Commence On Or

Commence On Or

 

 

After

After

After

 

 

10 October,2003

10 April, 2004

10 October, 2004

 

 

State Wage Case

State Wage Case

State Wage

 

 

2001

2002

Case 2003

 

$

$

$

$

Dental Technicians:

 

 

 

 

First year

525.00

540.00

558.00

575.00

Second year

549.00

564.00

582.00

599.00

Third year

575.00

590.00

608.00

625.00

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Former Amount

New Amount

 

 

 

$

$

1

9(ii)

Meal Allowance

8.55

10.15

 

DENTAL TECHNICIANS (STATE) INDUSTRIAL COMMITTEE

 

Industries and Callings

 

Dental technicians employed in dental workrooms in the State, excluding the County of Yancowinna;

 

excepting the employees of The Council of the City of Sydney;

 

and excepting also persons employed in or by the United Dental Hospital of Sydney.

 

 

 

J. P. GRAYSON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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