Hospital Salaried Officers (Dental Therapists) Award, 1980
1. - TITLE
This award shall be known as the Hospital Salaried Officers (Dental Therapists) Award, 1980.
1B. - MINIMUM ADULT AWARD WAGE
(1)No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
(2)The minimum adult award wage for full-time employees aged 21 or more is $692.90 per week payable on and from the commencement of the first pay period on or after 1 July 2016.
(3)The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.
(4)Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.
(5)Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.
(6)The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
(7)Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.
(8)Subject to this clause the minimum adult award wage shall –
(a)Apply to all work in ordinary hours.
(b)Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.
(9)Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2016 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.
(10)Adult Apprentices
(a)Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $593.90 per week on and from the commencement of the first pay period on or after 1 July 2016.
(b)The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.
(c)Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
(d)Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003.
2. - ARRANGEMENT
1.Title
1B.Minimum Adult Award Wage
2.Arrangement
3.Scope
4.Area
5.Term
6.Definition
7.Payment of Salaries
8.Salaries
9.Termination of Employment
10.Hours
11.Overtime
12.Meal Money
13.Public Holidays
14 Annual Leave
15.Bereavement Leave
16.Sick Leave
17.Parental Leave
18.Long Service Leave
19.Protective Clothing and Uniforms
20.Right of Entry
21.Time and Wages Record
22.Limitation on Unqualified Employees
23.Part-Time Employees
24.Casual Employees
25.No Reduction
26.Superannuation
27.Enterprise Agreements
28.Disputes Settlement Procedure
29.Redundancy
30.Supported Wage System
Schedule A - Named Union Party
Schedule B – Respondents
3. - SCOPE
This award shall apply to employees employed as Dental Therapists and to the employers employing such employees and engaged in private dental practices or undertakings.
4. - AREA
This award shall operate over the areas occupied and controlled by the respondents, within the State of Western Australia.
5. - TERM
The term of this award shall be for a period of one year.
6. - DEFINITION
"Dental Therapist" means an employee who is licensed by the Dental Board of Western Australia.
"Commission" means the Western Australian Industrial Relations Commission
"de facto spouse" means a person of either opposite or same sex who is co-habiting with another person as that person's partner on a bona fide domestic basis, although not actually married to that person, as if for all intents and purposes they are lawfully married.
"Spouse" means an employee's spouse including defacto spouse.
"Union" shall mean the Health Services Union of Western Australia (Union of Workers)
7. - PAYMENT OF SALARIES
(1)Salaries shall be paid by cheque, direct transfer or cash at the employer's discretion following consultation with the employees.
(2)(a)(i)Where the employer requires the employee to establish an account for the purpose of receiving the employee's salary the employee shall pay the costs associated with the establishment and maintenance of such accounts.
(ii)The employer may require such an account to be established at a major bank or building society.
(b)In respect of transfer fees associated with the transfer of funds from the employer's bank to any other bank or financial institution, such fees shall be paid by the employer.
(3)Salaries shall be paid fortnightly and shall be computed by dividing the annual salary rate by 313 and multiplying the result by 12.
(4)Notwithstanding the foregoing, where the employer and the employee agree, an employee may be paid weekly at half the appropriate fortnightly rate.
8. - SALARIES
(1)The following shall be the minimum rates of salary payable to Dental Therapists covered by this Award: -
CURRENT / ASNA / NEW1st six months of employment after qualification / 23174 / 17644 / 40818
2nd six months of employment after qualification / 24292 / 17817 / 42109
2nd year of employment after qualification / 25006 / 17857 / 42863
3rd year of employment after qualification / 25754 / 17899 / 43653
4th year of employment after qualification / 26497 / 17830 / 44327
5th year of employment after qualification / 27264 / 17872 / 45136
6th year of employment after qualification / 28061 / 17917 / 45978
7th year of employment after qualification / 28863 / 17962 / 46825
(2)The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.
Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
9. - TERMINATION OF EMPLOYMENT
(1)Notice of termination by employer
(a)In order to terminate the employment of an employee, the employer shall give to the employee the following written notice of dismissal:
Period of continuous service / Period of noticeLess than 1 year / 1 week
1 year and up to the completion of 3 years / 2 weeks
3 years and up to the completion of 5 years / 3 weeks
5 years and over / 4 weeks
(b)In addition to the notice prescribed in subclause (1)(a), employees over forty-five years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.
(c)Payment in lieu of notice prescribed in subclauses (1)(a) and/or (b) , shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d)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 their employment not been terminated shall be used.
(e)The period of notice in this clause shall not apply in the case of conduct which justifies instant dismissal or in the case of casual employees or employees engaged for a specific period of time or for a specific task or tasks.
(2)Notice of termination by employee
The notice of termination required to be given by an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the age of the employee concerned.
(3)Time-off during notice period
Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day's time-off without loss of pay for the purpose of seeking other employment. The time-off shall be taken at times that are convenient to the employee after consultation with the employer.
(4)Summary Dismissal
Notwithstanding the provisions of this clause, an employer shall have the right to summarily dismiss any employee without notice for misconduct which justifies instant dismissal, and in such case the wages shall be paid up to the time of dismissal only.
10. - HOURS
(1)Subject to the provisions of this Award, the ordinary hours of work shall be worked in straight shifts and shall not exceed an average of thirty eight hours per week to be worked over not more than forty hours in any one week nor more than ten hours exclusive of meal breaks, in any one day.
(2)Ordinary hours shall be worked between the hours of 7.30 a.m. and 9.00 p.m. on Monday to Friday inclusive and between 8.00 a.m. and 1.00 p.m. on Saturday, provided that:
(a)in respect of employees employed at January 1, 1990 the working of ordinary hours beyond 6.00 p.m. on any day from Monday to Friday inclusive shall be by mutual agreement between the employer and the employee; and
(b)where ordinary hours in excess of eight hours are worked by an employee on any one day of a week, such employee shall be required to work ordinary hours on not more than five days in any one week.
(3)An employee shall not be rostered to work for less than three ordinary hours on any day and in any case shall be paid a minimum of three ordinary hours' pay for that day.
(4)Saturday and Evening Work:
(a)All ordinary hours worked on a Saturday shall be paid at the rate of time and a quarter.
(b)All ordinary hours worked after 6.00 p.m. Monday to Friday inclusive shall be paid at the rate of fifteen per cent in addition to the ordinary rate of pay prescribed for the work.
(5)Meal Breaks:
(a)Employees shall be allowed one meal break per day during ordinary hours. Such meal break shall be not more than one hour nor less than thirty minutes.
(b)Where the meal break taken by an employee is -
(i)the midday meal, such meal shall be taken between the hours of 11.30 a.m. and 2.00 p.m.;
(ii)the evening meal, such meal shall be taken between the hours of 4.30 p.m. and 7.00 p.m.
(c)An employee shall not be compelled to work for more than six hours straight without a break for a meal.
(d)Where the employee is not provided with a meal break in accordance with the provisions of this clause the employee shall be paid at overtime rates until such time as the meal break is provided.
(6)An employee shall be entitled to two paid breaks of ten minutes' duration each day, one before and one after the meal break. Provided that the entitlement shall not apply on the occasions where patients' requirements are such that a break cannot reasonably be taken.
(7)(a)Where ordinary hours in excess of thirty eight are worked in any one week such additional time may be accrued to be taken as rostered time off. Such rostered time off may be taken -
(i)as a half day off per fortnight;
(ii)as a full day off per four weeks; or
(iii)in blocks of full days off, either rostered to be taken during the year in which they are accrued or to be taken in conjunction with periods of annual leave.
The employee is to be notified of the method of rostered time off, if any, which is to apply.
(b)The seventeen and one half per cent loading on annual leave is not payable on accrued time off taken in conjunction with annual leave.
(c)Time off does not accrue during a period of annual leave.
(8)An employee shall receive at least one week's notice of any rostered time off or of any change of rostered time off -
(a)Where an employer fails to provide sufficient notice of rostered time off, the employee shall be paid for the ordinary time the employee would have worked had the employee not been so rostered off, at the ordinary time rate.
(b)Where an employee having been given insufficient notice of being required to work on a rostered day off is required to work on a rostered day off such employee shall be paid for such time at overtime rates.
(9)Notwithstanding the provisions of subclauses (7) and (8) of this clause an employer and employee may by mutual agreement substitute a rostered day or half day off for another day or half day as the case may be in which case the rostered day or half day off shall become an ordinary working day.
(10)Subject to the employer's approval, where one employee agrees with another employee to swap their rostered time off overtime rates shall not apply if such swap involves insufficient notice or the working of hours in excess of those laid down elsewhere in this clause.
(11)All accrued time off which remains untaken at the date of termination of an employee shall be paid at the rate of pay which applies at the date of termination.
(12)Alternative Hours by Agreement:
Notwithstanding any other provisions of this clause ordinary hours may be worked on such other basis as is agreed between the employer and the Association provided that an average of not more than thirty eight ordinary hours per week may be worked under such an agreement. For an agreement to be made in accordance with this clause it shall be in writing.
(13)Any dispute arising out of the implementation of this clause shall be referred to the Commission for determination.
(14)Transition:
(a)Where as a result of the coming into effect of this clause an employee who stands to suffer a reduction in pay as a result of the loss of the receipt of regular overtime for hours worked in excess of eight per day or beyond 6.00 p.m. on any of the days Monday to Friday inclusive, such employee shall not suffer any such reduction in pay provided that -
(i)the overtime which the employee would have received but for the coming into effect of this clause shall be commuted to an allowance of equipment amount to the amount of the said overtime; and
(ii)the amount of such allowance shall be absorbed by up to fifty per cent of any future wage increase until such time as the whole of the allowance has been absorbed.
(b)The amount of the allowance referred to in paragraph (a) hereof shall be agreed between the employer and the employee provided that where the employer and the employee are unable to reach agreement they may call upon the assistance of their respective representative organisation of employers or employees; provided further that if the parties are still unable to reach agreement the matter shall be referred to the Commission for determination.
11. - OVERTIME
(1)All time worked outside the ordinary working hours as set out in Clause 10. - Hours - shall be deemed overtime and shall be paid for at the rate of time and one-half for the first two hours and double time thereafter. In the calculation of overtime, each day shall stand alone.
(2)(a)All work performed after 1.00 p.m. Saturday or on a Sunday shall be paid for at the rate of double time.
(b)All hours worked on any of the days prescribed in subclause (1) of Clause 13. - Public Holidays of this Award shall, subject to the provisions of that clause, be paid for at the rate of double time and a half.
(3)When an employee is recalled to work after leaving the job or required to work on a rostered day off the employee shall be paid for at least three hours at overtime rates.
(4)Notwithstanding anything contained by this Award -
(a)An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.
(b)No organisation party to this Award shall in any way, whether directly or indirectly be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.
(5)(a)In lieu of payment for overtime, an employee, with the mutual agreement of the employer, shall be allowed time off proportionate to the payment (i.e. at the overtime rate) to which the employee is entitled up to a maximum of an additional ten days per annum. Such time off shall be taken at a mutually agreed time or in conjunction with annual leave.