Public Hospitals Dental Assistants (State) Award
2021
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 187455 of 2021)
Before Chief Commissioner Constant
|
22 July 2021
|
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Classifications
4. Anti-Discrimination
5. Conditions
of Employment
6. Rates of
Pay
7. No Extra
Claims
8. Area,
Incidence and Duration
2. Definitions
"Employee" means a person employed in any Hospital
or Local Health District in the classification of Junior Dental Assistant or
Dental Assistant, Grade 1, 2 or 3.
"Hospital" means a public hospital as defined
under section 15 of the Health Services Act 1997, as amended or varied
from time to time.
“Local Health District” means a Local Health District
constituted pursuant to section 17 of the Health
Services Act 1997, as amended or varied from time to time.
“Ministry” means the Ministry of Health.
"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 other
organisations deemed acceptable by the Ministry.
"Union" means the Health Services Union NSW.
3. Classifications
3.1 Dental Assistant
Grade 1
(a) A Dental
Assistant Grade 1 means a person appointed as such who has successfully
completed a qualification in a relevant field recognised by the Dental
Assistant Education Council of Australia or up to the level of Certificate III
issued by a tertiary education institution or qualifications deemed by the
Ministry to be equivalent.
(b) Unqualified but
experienced dental assistants can be employed as Dental Assistants Grade 1.
Such employees commence and remain on level 1 year 1 until they obtain formal
qualifications through study or recognition of prior learning. The employee is
responsible for obtaining formal qualifications in their own time and at their
own expense.
3.2 Dental Assistant
Grade 2
(a) A Dental
Assistant Grade 2 means a person who is appointed to such a position and who
has successfully completed a nationally recognised Dental Assisting Certificate
course at Certificate Level IV or qualifications deemed by the Ministry to be
equivalent.
3.3 Supervision
Allowance
(a) A dental
assistant who, in addition to the normal range of duties, is required to
supervise two or more dental assistants will be paid a supervision allowance.
In order to be paid this allowance, the supervising dental assistant must be
responsible for:
(i) A range of
administrative tasks associated with clinical operations as required by the
Health Service, and
(ii) The day to day
supervision of staff including functions such as rostering, allocation of
duties, conduct of or participation in performance reviews and input into
management decisions.
(b) The supervision
allowance is to be paid as part of the employee’s permanent salary, following a
merit selection process. The rate of allowance paid is dependent upon the
number of employees supervised and is contained in Table 1 of Part B, Monetary
Rates in the Health Professional and
Medical Salaries (State) Award 2019, as varied or replaced from time to
time. If an employee is required to relieve for 5 days or more in the role of
the supervisor, and performs all of the duties of the supervisor, then the
supervision allowance will be paid to such employee.
3.4 Dental Assistant
Level 3
(a) Dental
Assistant Grade 3 means a person who is appointed to such a position and who
has a co-ordinating role across either a number of clinics in a Local Health
District(s) or has the same level of responsibility in large teaching
hospitals. The Level 3 dental assistant is a promotional position and is not
eligible for a supervision allowance. Generally, if a level 3 dental assistant
is responsible in one location, no other dental assistants in that clinic would
be in receipt of a supervision allowance as prescribed in clause 3.3 above.
(b) The scope of
grade 3 positions is Local Health District(s)-wide or a comparable level of
responsibility in a large clinic. Positions which require employees to perform
the duties outlined below, will be graded at level 3.
(c) A level 3
dental assistant will be required to do most or all of the following duties:
(i) Perform the
usual range of dental assistant duties when required.
(ii) Recruitment of
dental assistants.
(iii) Manage trainee
dental assistant programs.
(iv) Participate in
sector or area wide committees such as infection control, education, and
performance improvement.
(v) Manage/participate
in conflict resolution where required.
(vi) Chair dental
assistant forums and meetings.
(vii) Mentor other
dental assistants in their role as supervisors, including performance
management and review processes.
(viii) Assist in
managing safety issues.
(ix) Manage the
educational needs of dental assistants.
(x) Manage staff
relief across the sector/area.
(xi) Prioritising of
workload in conjunction with oral health practitioners.
(xii) Co-ordinate and
order all stock and consumables including:
liaison with external providers, and
being fully conversant with State contract processes.
(xiii) Ensure the
proper maintenance of equipment through:
training and monitoring of dental assistants in
maintenance duties,
effecting minor repairs,
co-ordinate the repair services provided by external
and internal providers,
and
ensure contractual requirements of external providers
are met.
4. Anti-Discrimination
(a) 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.
(b) 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.
(c) 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.
(d) Nothing in this
clause is to be taken to affect:
(i) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iv) a party to this
Award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
(e) 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 -
(i) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(ii) 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.
5. 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 2019,
as varied or replaced from time to time, subject to the preservation of accrued
rights for employees transferred from the Public Service on 1 October 1986.
6. Rates of Pay
Full time Dental Assistant employees shall be paid the
salaries as set out in the Health
Professional Medical Salaries (State) Award 2019, as varied or replaced
from time to time.
Previous service as a Dental Assistant is to be taken into
account in determining the commencing salary on employment.
7. No Extra Claims
Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public Sector Conditions of Employment)
Regulation 2014, 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 2022 by a party to this Award.
8. Area, Incidence and
Duration
(a) This Award
takes effect on 1 July 2021 and shall remain in force for a period of one year.
(b) This Award
rescinds and replaces the Public
Hospitals Dental Assistants (State) Award 2019 published 24 January 2020
(386 I.G. 345) and all variations thereof.
(c) 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.
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.