Health Employees' Oral Health Therapists (State)
Award 2023
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 213125 of 2023)
|
Before Chief Commissioner Constant
|
17 August 2023
|
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 2023, 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 2023, 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 2023, 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 (or its successor however described), 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 2024 by a
party to this Award.
10. Area, Incidence
and Duration
(i) This
Award takes effect from 1 July 2023 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 2022
published 16 December 2022 (393 I.G. 769) 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.