Health Employees' Oral Health Therapists (State) Award 2024
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health Secretary, NSW Ministry of Health
(No. IRC 242842 of 2024)
|
Before President Taylor
|
26 November 2024
|
AWARD
HEALTH EMPLOYEES' ORAL HEALTH THERAPISTS (STATE) AWARD 2024
AWARD
1. Arrangement
Clause No. Subject
Matter
1.
Arrangement
2.
3.
Definitions
4.
5.
Classification
Structure
6.
7.
Transition Arrangements
8.
9.
Anti-Discrimination
10.
11.
Salaries
12.
13.
Conditions of Employment
14.
15.
Dispute Resolution
16.
17.
No Extra Claims
18.
19.
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
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.
(i) The allowance
paid to sole practitioners at levels 1 and 2 is the amount shown in Part B
Table 1 of the Health Professionals Salaries (State) Award 2024 as
varied or replaced from time to time.
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
Professionals Salaries (State) Award 2024, 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
The Commission makes this Award on the basis
that the parties have provided the following undertaking: Other than as
provided for in the Industrial Relations Act 1996there 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 2025 by a party to this Award.
For the avoidance of doubt, the
Parties may, during the term of this Award, discuss additional opportunities
for system improvements and, if agreed, a further pay increase may be provided
to recognise the contribution of employees to those system improvements.
10. Area, Incidence
and Duration
(i)
This Award takes effect from 1 July 2024 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 2023 published 8 September
2023 (395 I.G. 105) and all variations thereof.
(iii) 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.
I.
Taylor J, President.
____________________
Printed by
the authority of the Industrial Registrar.