PUBLIC HOSPITALS DENTAL ASSISTANTS (STATE) AWARD 2024
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Secretary, NSW Ministry of Health
(No. IRC 242933 of 2024)
Before President Taylor
|
26 November 2024
|
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
(c)
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
(d)
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.
(e)
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 Professionals
Salaries (State) Award 2024, 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
(f)
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.
(g)
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.
(h)
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 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.
6. Rates of Pay
Full time Dental Assistant 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.
Previous service as a Dental Assistant is to be taken into account in determining the commencing salary on employment.
7. 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 1996, 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 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.
8. Area, Incidence and
Duration
(a)
This Award
takes effect on 1 July 2024 and shall remain in force
for a period of one year.
(b)
This
Award rescinds and replaces the Public Hospitals Dental Assistants (State)
Award 2023 published 8 September 2023 (395 I.G. 135) 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.
I. TAYLOR J, President.
____________________
Printed by
the authority of the Industrial Registrar.