Health and Welfare Services Industry – Dental Sector Scope Detailed – Federal and State Awards
Dental (Private Sector Victoria) [Fed – AP779110CRV] ........................................ 2
Cl 6. Incidence of Award ................................................................................................... 2
Declaration – Victoria ........................................................................................................ 2
Health Employees (Dental Health Services) Award 2003 [Fed – AP822941] ....... 5
Cl 4. Coverage and Parties Bound by the Award .............................................................. 5
Health and Community Services Industry Sector – Minimum Wage Order –
Victoria 1997 [Fed – AP784047] ............................................................................... 6
Order ................................................................................................................................. 6
Cl 4. Application ............................................................................................................... 6
Dental Assistants and Secretaries [NSW - AN120179] .......................................... 8
Cl 30. Area, Incidence and Duration ................................................................................. 8
Cl 26. Definitions .............................................................................................................. 8
Dental Technicians (State) Award 2006 [NSW - AN120180] .................................. 9
Cl 25. Area, Incidence and Duration ................................................................................. 9
Cl 2. Definitions ................................................................................................................ 9
Dental Assistants (Private Practice) Award – State – [Qld – AN140090] ........... 10
Cl 1.5. Coverage..............................................................................................................10
Cl 1.6. Parties Bound.......................................................................................................10
Dental Technicians and Attendants Award – [SA – AN150045].......................... 11
Cl 1. Persons Bound........................................................................................................11
Cl 2. Scope ......................................................................................................................11
Cl 3. Locality ....................................................................................................................11
Dental Technicians’ and Attendant/Receptionists’ Award, 1982 – [WA –
AN160098] ............................................................................................................... 12
Cl 3. Scope ......................................................................................................................12
Cl 4. Area ........................................................................................................................12
Cl 6. Definitions ...............................................................................................................12
Schedule A – Named Union Party ....................................................................................12
Dental Employees Award – [Tas – AN170024] ..................................................... 13
Cl 2. Scope ......................................................................................................................13
Cl 6. Parties and Persons Bound .....................................................................................13
Health and Welfare Services – Dental Sector Federal Awards and NAPSAs – Scope Detailed
– As at 6 October 2008
1
Dental (Private Sector Victoria) [Fed – AP779110CRV]
Cl 6. Incidence of Award
6.1 The Health Services Union of Australia in respect of its officers and each and every
person employed who is a member or is eligible to be a member of the Union; and
6.2 Those employers listed at Appendix 2 - Schedule of respondents.
Declaration – Victoria
Further to the Decision issued by the Commission on 18 November 2004 [PR953309] and
pursuant to ss.141 and 493A of the Workplace Relations Act 1996 (the Act), the Commission
makes the following declaration for a common rule award:
1. In this Declaration:
1.1 the award means the Dental (Private Sector Victoria) Award 1998, as varied from time to
time;
1.2 employees means employees in the industry who perform work of a kind that is covered
by the award;
1.3 employers means employers who employ employees;
1.4 the industry means the callings or employment of persons employed in or in connection
with the dentistry industry in the State of Victoria.
2. That save for and subject to the matters referred to in clauses 4 to 7 below, the whole of the
terms of the award, as varied from time to time, except those specified in clause 3 below, shall
be:
2.1 a common rule for the industry in Victoria and known as the Dental (Private Sector)
Victorian Common Rule Declaration 2005;
2.2 binding on all employers in respect of the employment by them of employees;
2.3 binding on all employees; and
2.4 binding on the Health Services Union of Australia and the registered organisations
respondent to the award.
3. The following clauses of the award are not included in the Dental (Private Sector) Victorian
Common Rule Declaration 2005:
3.1 Clause 6.2 of Clause 6 - Incidence of award; and
3.2 Clause 5 - Operation of award.
4. Subject to 4.1 to 4.5 below, all provisions in the Dental (Private Sector) Victorian Common
Rule Declaration 2005 are to operate from 1 January 2005.
4.1 With respect to annual leave, only periods of annual leave commencing on or after
31 January 2005 attract leave loading.
4.2 With respect to redundancy payments for employees of employers who have less than 15
employees, only service on or after 1 January 2005 is to be taken into account for the purpose
of calculating service.
4.3 With respect to redundancy payments for employees of employers who have
15 employees or more, only service on or after 1 January 2004 is to be taken into account for
the purpose of calculating service. [Note: the agreement in respect of this issue is without
prejudice to the position a party may put in roping-in proceedings.]
4.4 Any accident make-up pay clause is to apply in relation to any injury on or after 3 August
Health and Welfare Services – Dental Sector Federal Awards and NAPSAs – Scope Detailed
– As at 6 October 2008
2
2004.
4.5 The wages clauses (including all allowances and penalty payments) are to commence
operation from the first pay period on or after Monday, 3 January 2005 provided that in all
cases the wages clauses commence operation no later than 5 January 2005.
5. The Dental (Private Sector) Victorian Common Rule Declaration 2005 shall not apply to
employers respondent by any means to any other award of the Commission in respect of the
employment by them of employees covered by that award.
6. This declaration shall not apply to a person with a disability who is eligible for a Disability
Support Pension and who is employed by a supported employment service that receives
funding under the Disability Services Act 1986 (Cth) to provide support for that person. [See
Note 1 below.]
7. An employer who is making superannuation contributions into a complying superannuation
fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on
behalf of an employee covered by this declaration, prior to the date of effect of this
declaration is exempt from any provision in the award which specifies the fund or funds into
which superannuation contributions are to be paid. [See Note 2 below.]
8. In the event of a dispute about the entitlement of an employer to set-off entitlements and
benefits provided under a contract of employment made prior to the date of this declaration
against entitlements and benefits required to be provided under the Dental (Private Sector)
Victorian Common Rule Declaration 2005, the matter may be referred to a Board of
Reference consisting of a Member of the Commission which shall determine whether or not
such a set-off should be permitted having regard to what is fair and equitable in all the
circumstances of the case, without regard to technicalities and legal forms.
8.1 An appeal lies from a decision of a Board of Reference to a Full Bench of the
Commission.
8.2 This clause shall apply for a period of twelve months from the commencement date of the
Dental (Private Sector) Victorian Common Rule Declaration 2005.
8.3 Any registered organisation bound by the terms of Dental (Private Sector) Victorian
Common Rule Declaration 2005 shall be notified of the time and date of hearing in relation to
any application made pursuant to this provision.
9. Nothing in this declaration reduces or in any way detracts from any accrued rights to any
forms of leave including sick leave, annual leave, long service leave or parental leave to
which employees or any of them have become entitled by accrual or otherwise prior to the
commencement date in clause 10 below.
10. This declaration shall be an award of the Commission, shall come into force on
1 January 2005 and shall remain in force for a period of three months and thereafter in
accordance with the Act. [See Note 3 below.]
Note 1
1. Disability Support Pension means the Commonwealth pension scheme to provide income
security for persons with a disability as provided for under the Social Security Act 1991 (Cth),
as amended from time to time, or any successor to that scheme.
2. The intention of this provision is limited to preventing the award from applying to sheltered
workshops (i.e. supported employment services) - it does not prevent the award from applying
to employees with disabilities in open employment.
3. Leave is reserved for any party to have this issue reconsidered in the light of any
developments in the national process which is currently considering workplace relations
issues for sheltered workshops. This national process includes the Disability Sector National
Industry Consultative Council and any related applications that seek award coverage for
sheltered workshops.
Note 2
Health and Welfare Services – Dental Sector Federal Awards and NAPSAs – Scope Detailed
– As at 6 October 2008
3
1. The purpose of the exception above is to maintain the status quo in respect of employers
who, as at the date of effect of the common rule declaration, are making superannuation
contributions into a complying superannuation fund. These employers will not be required to
change their existing arrangements. Nor will there be any requirement for the existing
arrangements to be the subject of an agreement between the employer and employees. For the
avoidance of doubt, the exception continues to apply to employers who are making
superannuation contributions to complying superannuation funds which are successor funds
(as defined in Regulation 1.03 of the Superannuation Industry (Supervision) Regulations 1994
(Cth), or as amended or replaced by other legislation) into which benefits are transferred, after
the date of effect of the common rule declaration, in accordance with the Superannuation
Industry (Supervision) Act 1993 (Cth) and the Regulations thereunder. Further, “existing
arrangements” includes the making of contributions to such funds.
2. The exception is in respect of current and future employees of the employers who are
entitled to the benefit of the exemption.
3. The exception does not apply to new businesses which are established after the date on
which the award is declared to have effect as a common rule.
4. The exception only applies to employers who are required to apply the terms of the award
by virtue of the Common Rule declaration. It does not apply to employers who are named
respondents to the award or who are parties bound by virtue of their membership of an
employer organisation.
5. The exception applies subject to any Commonwealth legislation to the contrary.
Note 3
1. Subject to s.113 of the Workplace Relations Act 1996 and any order of the Commission, an
award dealing with particular matters continues in force until a new award is made dealing
with the same matters (see s.148 of the Workplace Relations Act 1996).
Health and Welfare Services – Dental Sector Federal Awards and NAPSAs – Scope Detailed
– As at 6 October 2008
4
Health Employees (Dental Health Services) Award 2003 [Fed –
AP822941]
Cl 4. Coverage and Parties Bound by the Award
This award will apply throughout the State of Western Australia to the Metropolitan Health
Services, Dental Health Services and the Liquor, Hospitality and Miscellaneous Union; its
members; and those eligible to be members.
Health Employees (Dental Health Services) Award [Fed – AP822941]
5
Health and Community Services Industry Sector – Minimum Wage
Order – Victoria 1997 [Fed – AP784047]
Order
A.
Pursuant to s.501 of the Workplace Relations Act 1996 and the decision of Vice
President Ross on 29 April 1997 [Print P0458], the following minimum wage order is made
for employees who are employed in the State of Victoria who are not subject to a federal
award, a certified agreement or an AWA.
Cl 4. Application
The Health and Community Services Sector which applies to any industry mainly engaged in
health and community services and incorporates:
4.1 Hospitals and nursing homes
4.1.1 Hospitals (except Psychiatric Hospitals);
4.1.2 Psychiatric Hospitals;
4.1.3 Nursing Homes.
4.2 Medical and dental services
4.2.1 General practice medical services;
4.2.2 Specialist medical services;
4.2.3 Dental services.
4.3 Other health services
4.3.1 Pathology services;
4.3.2 Optometry and optical dispensing;
4.3.3 Ambulance services;
4.3.4 Community health centres;
4.3.5 Physiotherapy services,
4.3.6 Chiropractic services;
4.3.7 Health services not elsewhere classified in this sector.
Health and Community Services Industry Sector – Minimum Wage Order – Victoria 1997
[Fed – AP784047]
6
4.4 Veterinary services
4.5 Child care services
4.6 Community care services
4.6.1 Accommodation for the aged;
4.6.2 Residential care services not elsewhere classified in this sector;
4.6.3 Non-residential core Services not elsewhere classified in this sector.
Health and Community Services Industry Sector – Minimum Wage Order – Victoria 1997
[Fed – AP784047]
7
Dental Assistants and Secretaries [NSW - AN120179]
Cl 30. Area, Incidence and Duration
This award rescinds and replaces the Dental Assistants and Secretaries (State) Award
published 1 March 2002 (331 I.G. 845) and all variations thereof.
It shall apply to all dental secretaries and/or chairside attendants employed by dentists in the
State, excluding the County of Yancowinna.
This award shall commence on the first pay period to commence on and from 13 October
2003 and remain in force for a period of 24 months.
The changes made to the award pursuant to the Award Review pursuant to section 19(6) of
the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of NSW on 28 April 1999 (310 I.G. 359) and
take effect on 12 December 2003.
Cl 26. Definitions
In this award, unless the context indicates otherwise "Association" means the NSW Dental
Assistants Association.
Dental Assistants and Secretaries [NSW- AN120179]
8
Dental Technicians (State) Award 2006 [NSW - AN120180]
Cl 25. 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 19 January 2001
(321 I.G. 833), and all variations thereof. This award shall apply to all persons employed in
dental workrooms in the State, excluding the County of Yancowinna, within the jurisdiction
of the Dental Technicians (State) Industrial 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 12 December, 2003 and shall remain in force thereafter
for a period of three years.
DENTAL TECHNICIANS (STATE) INDUSTRIAL COMMITTEE
Industries and Callings
Dental technicians employed in dental workrooms 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.
Cl 2. Definitions
"Union" means the Health Services Union.
Dental Technicians (State) Award [NSW – AN120180]
9
Dental Assistants (Private Practice) Award – State – [Qld –
AN140090]
Cl 1.5. Coverage
This Award shall apply to the employees for whom rates of pay and conditions are contained
herein and to their employers. This Award shall not apply to employees employed by the
State of Queensland.
Cl 1.6. Parties Bound
This Award shall be legally binding upon the employers described in clause 1.5, their
employees and the Australian Liquor, Hospitality and Miscellaneous Workers Union,
Queensland Branch, Union of Employees.
Dental Assistants (Private Practice) Award [Qld – AN140090]
10
Dental Technicians and Attendants Award – [SA – AN150045]
Cl 1. Persons Bound
(a) Except as provided in subclause (b) hereof this award shall be binding upon all persons
employed in or in connection with the industry of dentistry, other than clerks, whether as
employers or employees and whether members of an association or not.
(b) This award shall not be binding on those persons who at the time of making this award
were subject to a registered industrial agreement within the meaning of the Industrial &
Employee Relations Act 1994 as amended or upon The Commissioner for Public
Employment or any Public Service employee.
Cl 2. Scope
This award applies to the industry of occupations of persons employed in or in connection
with the industry of dentistry other than clerks.
Cl 3. Locality
This award shall apply throughout the State of South Australia.
Dental Assistants (Private Practice) Award [Qld – AN140090]
11
Dental Technicians’ and Attendant/Receptionists’ Award, 1982 –
[WA – AN160098]
Cl 3. Scope
This Award shall apply to employees employed in the callings set out in Clause 7. - Wages
hereof in the industry carried on by the respondents hereto.
Cl 4. Area
This award shall have effect over the State of Western Australia.
Cl 6. Definitions
(9) "Union" means the Dental Technicians' and Employees' Union of Workers.
Schedule A – Named Union Party
The W.A. Dental Technicians' and Employees' Union of Workers.
Dental Assistants (Private Practice) Award [Qld – AN140090]
12
Dental Employees Award – [Tas – AN170024]
Cl 2. Scope
Subject to the exceptions and conditions contained herein, this award shall apply to all
persons permanently or temporarily employed under the provisions of the Tasmanian State
Service Act 1984, who occupy a position covered by this award, the duties of which require
the performance of dental work of a professional and/or administrative nature.
Cl 6. Parties and Persons Bound
This award shall apply to and be binding upon:(a) all employees (whether members of a Registered Organisation or not) for whom
classifications appear in this award.
(b) the following organisation/s of employees in respect of whom award interest has been
determined:(i) The State Public Services Federation Tasmania and the Officers of that organisation and
their members for whom classifications appear in this award;
(ii) The Health Services Union of Australia, Tasmania No. 1 Branch and the Officers of that
organisation and their members for whom classifications appear in this award;
(c) the Controlling Authority having an interest in this award is the Minister for Public Sector
Management, in relation to all employees (as defined).
Dental Assistants (Private Practice) Award [Qld – AN140090]
13