Health Employees' Oral Health Therapists (State) Award 2021
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by NSW Ministry of Health.
(Case No. 186267 of 2021)
Before Chief Commissioner
Constant
|
22 July 2021
|
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. Dispute Resolution
9. No Extra Claims
10. Area, Incidence and Duration
2.
Definitions
"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 Dental Board of Australia.
"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 Dental Board of
Australia.
“Ministry” means the
Ministry of Health.
"Oral Health
Therapist" means a person appointed as such and who holds the relevant
registration from the Dental Board of Australia 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 Ministry of Health.
"Union"
means the Health Services Union NSW.
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 Ministry 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 Ministry 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.
3.3 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 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. Salaries
Full time Oral
Health Therapist employees shall be paid the salaries as set out in the Health Professional and Medical Salaries
(State) Award 2019, as varied or replaced from
time to time.
7. Conditions of Employment
Conditions of
Employment for employees shall be those prescribed in the Public Hospitals (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.
8. Dispute Resolution
The dispute
resolution procedures contained in the said Public Hospitals (Professional and Associated Staff) Conditions of
Employment (State) Award 2019, as varied or replaced from time to time,
shall apply.
9.
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.
10. Area, Incidence and Duration
(i) This Award takes effect from 1 July 2021
and shall remain in force for a period of one year.
(ii) This
Award rescinds and replaces the Health
Employees Oral Health Therapists (State) Award 2019 published 20 March 2020 (387 I.G. 45) and all variations thereof.
(ii) 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.