DENTAL TECHNICIANS (STATE)
AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial
Relations Act 1996 and other matters.
(Nos. IRC 5357 of 1999 and 4052 of 2000)
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Before the Honourable Justice Glynn
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17 August 2000
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(281) SERIAL B1912
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
PenaltiesBase Rates
8. Student
Employment Supplementary Payments
9. Overtime Student Employment
10. Public
HolidaysOvertime
11. Annual
LeaveSundays and Holidays
12. Annual
Leave
Loading
13. Long
Service Annual Leave Loading
14. SickLong Service Leave
15. Personal Carer'sSick Leave
16. Terms of
Employment
17. Ratio of
Student Dental Technicians
to Other Employees Time
and Payment of Wages
18. Parental
LeaveRatio of Student Dental Technicians to
Other
Employees
19. Jury
Service General Conditions
20. General Conditions
Bereavement Leave
21. Paternity Leave
22. Maternity Leave
213. Dispute Avoidance and Grievance ProcedureAdoption Leave
224. Anti- Discrimination Jury
Service
253. Area, Incidence and Duration Dispute Settlement Procedure
26. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Monetary
Rates Rates of Pay
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 Associate 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 Associate
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.
"Association"
shall mean the Health and Research Employees Association of New South Wales
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.
(iv) 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.
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. The
total wage shall comprise the base rates prescribed in clause 7, Base Rates,
and the supplementary payments prescribed in clause 8, Supplementary Payments.
(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 195544.)
(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:
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Percentage of Total
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Rate for a Dental
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Technician - 1st
year
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1st Year Student
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55%
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2nd Year Student
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65%
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3rd Year Student
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80%
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4th Year Student
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90%
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(v) The
rates of pay in this award include the adjustments payable under the State Wage
Case 2000. 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
7. Base Rates
The base rates for weekly employees
in the classifications set out in clause 5, Classification Structure, shall be
as set out in Table 1 of Part B.
8. Supplementary Payments
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.
910. 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.
101. Sundays and 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, LabourEight Hour Day, Christmas Day, Boxing Day and
all other days proclaimed as public holidays throughout the State.
(ii) An
employee called on to work on a Sunday shall be paid at the rate of double
time.
(iii) 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.
112. Annual Leave
See Annual Holidays Act 1944.
123. 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.
145. 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 Injury
Management and Workers' Compensation Act 19981987) 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.. 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.
(d) 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.
(d) 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
(a) 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.
(b) 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.
(c) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carers 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.
(d) An
employee shall not be entitled to bereavement leave under this during any
period in respect of which the employee has been granted other leave.
(e) 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.
(viv) 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.
(vii) Unfair Dismissals — Termination of employment by the employer shall
not be harsh, unjust or unreasonable.
For the purposes of this clause, termination of employment shall include
terminations with or without notice.
17.
Time and Payment of Wages
(i) 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.
(ii) By
agreement with majority of employees, an employer may pay by cheque or
electronic funds transfer.
187. Ratio of Student Dental Technicians to Other
Employees
(i) (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) IndustrialConciliation 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. 19. General
Conditions
(i) Clean
towels shall be provided daily.
(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
accommodation or 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.
20. Bereavement Leave
(i) An
employee shall, on the death within Australia of a wife, husband, father,
mother, brother, sister or child, including stepchild, be entitled on notice to
leave up to and including the day of the funeral of such relation and such
leave shall be without deduction of pay for a period not exceeding two
days. Proof of such death shall be
furnished by the employee to the satisfaction of his/her employer; provided,
however, that this clause shall have no operation while the period of entitlement
to leave under it coincides with any other period of entitlement to leave.
21. Parentalaternity Leave
See section 42 of the Industrial
Relations Act 1996 1.
22. Maternity Leave
See section 28 of the Industrial Relations Act 1991.
23. Adoption Leave
See section 54 of the Industrial Relations Act 1991.
219. 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.
215. Dispute Settlement
Procedure
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.
Subject to the Industrial Relations Act 1991, grievances or
disputes shall be dealt with in the following manner:
(a) The employee(s) is
required to notify (in writing or otherwise) the employer as to the substance
of the grievance, requesting a meeting with the employer for bilateral
discussions and state the remedy sought.
(b) If agreement is not
reached, the matter shall then be referred by the employer to a higher
authority (where this exists). At the
conclusion of discussions, the employer must provide a response to the
employee(s) grievance if the matter has not been resolved, including reasons (in
writing or otherwise) for not implementing any proposed remedy.
(c) If the matter is
still not settled within a reasonable period of time, it may be
referred/notified to the Industrial Relations Commission for settlement by
either party.
(d) While a procedure
is being followed, normal work must continue.
(e) The employer may be
represented by an industrial organization of employers and the employee(s) may
be represented by an organization of employees for the purposes of each step of
the procedure.
(f) The foregoing
disputes settlement procedure is not mandatory for an employee of a small
business employer. For the purposes of
this subclause a small business employer is defined as:
(i) an employer of not
more than 20 employees; or
(ii) an employer with
management structure under which all persons employed by the employer are
subject to direct supervision and control of the employer or the chief
executive of the employer.
226. 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 and age.
(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."
Savings Clause
Nothing in this award shall act to
reduce the wages and conditions of employees employed as at 18 December 1992.
237. 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 4 June 1993 (275 I.G.
282), and all variations thereof.
This award shall apply to all persons employed in dental laboratorieworkroomsworkrooms in the State, excluding the County of
Yancowinna, within the jurisdiction of the Dental Technicians (State) Industrial
Conciliation 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 17 August 200018 December 1992 and shall remain in force
thereafter for a period of threewelve
yearsmonths.
PART B
MONETARY RATES
Basic Wage for Adult Males:
$121.40 per week
Table 1 - Rates of Pay
|
Classification
|
Former Rate
$
|
SWC 2000
|
Total Rate
Eff. FPP on or
after
12.11.00
$
|
|
Dental Technicians-
|
|
|
|
|
1st Year
|
510.00
|
15.00
|
525.00
|
|
2nd Year
|
534.00
|
15.00
|
549.00
|
|
3rd Year
|
560.00
|
15.00
|
575.00
|
Table 2 - Other Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
$
|
|
1
|
9(ii)
|
Meal Allowance
|
8.557.50
|
L. C. GLYNN J.
Dental Technicians
(State) IndustrialConciliation
Committee
Industries and
Callings
Dental technicians employed in dental workroomslaboratorieworkrooms 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.
____________________
Printed by the authority of the Industrial Registrar.