Dental Assistants and Secretaries (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

FULL BENCH

 

Application by N.S.W. Dental Assistants Association, Industrial Organisation of Employees.

 

(No. IRC 2142 of 2007)

 

 

VARIATION

 

1.        Delete the amount "one-fortieth" in subclauses (i) and (ii) of clause 2, Casual and Part-Time Employees of the award published 27 February 2004 (343 I.G. 434) and insert in lieu thereof the following:

 

"one-thirty eighth"

 

2.        Delete subclause (i) of clause 3, Hours, and insert in lieu thereof the following:

 

(i)

 

(a)      The ordinary hours of work shall not exceed an average of 38 per week, and shall be worked between the hours of 7.30am and 6.00 pm on Monday to Friday inclusive, and 8.00 am and noon on Saturday.

 

(b)      Notwithstanding paragraph (a) of this subclause, where an employer attends patients after 6.00 pm Monday to Friday, the employer may roster an employee's hours up until 7.30 pm on not more than three nights per week.  Any such hours worked between 6.00 pm and 7.30 pm may be paid at the ordinary rate.  Provided that the total numbers of hours worked in any four week period shall not exceed an average of 38 without the payment of overtime.

 

(c)      In any day the period of duty shall be continuous, except for meal breaks.

 

3.        Insert after subclause (iv) of the said clause 3, the following new subclauses:

 

(v)      The ordinary hours of work for a full time employee will be an average of 38 per week which may be offered to an employee on any one of the following bases and be subject to consultation with the employee having regard to the circumstances of the dental surgery:

 

(a)      19 days over a 4-week cycle; or

 

(b)      5 days a week; or

 

(c)      5 and one-half days in any week; or

 

(d)      Subject to the provisions of this award, another arrangement provided that arrangement is agreed in writing.

 

Any dispute arising in respect of this provision will be processed according to the disputes and industrial grievance procedures in this award.

 

(vi)      Rostered days off, which occur as a result of employees working in accordance with the provisions of this subclause, may accumulate to a maximum of 5 days. These accumulated days may be taken at any time mutually agreed between the employer and employee and shall be taken within six months of accrual.

 

4.        Delete the amount "40 hours" in subclauses (i) and (ii) of clause 4, Overtime and Evening Meal Money, and insert in lieu thereof the following:

 

"an average of 38 hours"

 

5.        Delete subclause (iv) of clause 6, Sick Leave and insert in lieu thereof the following:

 

(iv)      The employee shall be entitled to sick pay according to their length of service:

 

During the first year of employment	5 days
During the second year of employment	6 days
During the third year of employment	7 days
During the fourth year of employment	8 days
During the fifth year of employment	9 days
During the sixth year of employment	10 days

 

Any period of paid sick leave taken by an employee shall be deducted from the period of sick leave which accumulates according to this clause.

 

6.        The variation shall take effect from the first full pay period to commence on or after 6 June 2008.

 

 

 

P. J. SAMS  D.P.

J. P. GRAYSON  D.P.

P. J. CONNOR, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.