Dental
Assistants and Secretaries (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
FULL BENCH
Application by N.S.W.
Dental Assistants Association, Industrial Organisation of Employees.
(No. IRC 2142 of 2007)
Before Mr Deputy
President Sams
Mr Deputy President
Grayson
Commissioner Connor
|
20 March 2008
|
VARIATION
1. Delete the
amount "one-fortieth" in subclauses (i) and (ii) of clause 2, Casual
and Part-Time Employees of the award published 27 February 2004 (343 I.G. 434)
and insert in lieu thereof the following:
"one-thirty eighth"
2. Delete
subclause (i) of clause 3, Hours, and insert in lieu thereof the following:
(i)
(a) The ordinary
hours of work shall not exceed an average of 38 per week, and shall be worked
between the hours of 7.30am and 6.00 pm on Monday to Friday inclusive, and 8.00
am and noon on Saturday.
(b) Notwithstanding
paragraph (a) of this subclause, where an employer attends patients after 6.00
pm Monday to Friday, the employer may roster an employee's hours up until 7.30
pm on not more than three nights per week.
Any such hours worked between 6.00 pm and 7.30 pm may be paid at the
ordinary rate. Provided that the total
numbers of hours worked in any four week period shall not exceed an average of
38 without the payment of overtime.
(c) In any day the
period of duty shall be continuous, except for meal breaks.
3. Insert after
subclause (iv) of the said clause 3, the following new subclauses:
(v) The ordinary
hours of work for a full time employee will be an average of 38 per week which
may be offered to an employee on any one of the following bases and be subject
to consultation with the employee having regard to the circumstances of the
dental surgery:
(a) 19 days over a
4-week cycle; or
(b) 5 days a week;
or
(c) 5 and one-half
days in any week; or
(d) Subject to the
provisions of this award, another arrangement provided that arrangement is
agreed in writing.
Any dispute arising in respect of this provision will
be processed according to the disputes and industrial grievance procedures in
this award.
(vi) Rostered days
off, which occur as a result of employees working in accordance with the
provisions of this subclause, may accumulate to a maximum of 5 days. These
accumulated days may be taken at any time mutually agreed between the employer
and employee and shall be taken within six months of accrual.
4. Delete the
amount "40 hours" in subclauses (i) and (ii) of clause 4, Overtime
and Evening Meal Money, and insert in lieu thereof the following:
"an average of 38 hours"
5. Delete
subclause (iv) of clause 6, Sick Leave and insert in lieu thereof the
following:
(iv) The employee
shall be entitled to sick pay according to their length of service:
During the first year of employment
|
5 days
|
During the second year of employment
|
6 days
|
During the third year of employment
|
7 days
|
During the fourth year of employment
|
8 days
|
During the fifth year of employment
|
9 days
|
During the sixth year of employment
|
10 days
|
Any period of paid sick leave taken by an employee
shall be deducted from the period of sick leave which accumulates according to
this clause.
6. The variation
shall take effect from the first full pay period to commence on or after 6 June
2008.
P. J. SAMS D.P.
J. P. GRAYSON D.P.
P. J. CONNOR, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.