Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Australian Dental Association (Queensland Branch) Union of Employers [1994] QIRC 503 (1994) 157 QGIG 510

510 QUEENSLAN D GOVER ME T £NDU S TRIAL GAZETTE [ 30 Se pte mber, 1994 #H#####ll##N###N#ll####N##ll#ll#################ll####N##### QUEENSLAND INDUSTRIAL REI ATIONS COM MI SSION ln d11str111I Relat1on.t Ac1 /990 s. 144 application for variati on Au stralian Liquor, Hospi1nlity and Mi scellaneous Workers Uni on , Queens lan d Rranch. Un ion of Emplo> ce~ A D Au,tralian Denial Associaiion (Quccn.-. land Branch) l 'nion of Cmplo)ers (i\'o . R6 7-2 of I 990) 0 E.' ffALA I TA;-;TS• AWA RD - ' TAT£ (E XCl.l 'S l\' F. OF Pl18I.I C HOSPIT,\ LS) COMMISSIONER FISlll~R 13 Ma> 199~ VARIATION T!-11S mailer coming on for hearing before the Commi~~ion at llrisbane on 6 Jui~- 1992. 27 Jui) 1993 and I J May 1994. this Commission d ol h order 1hut 1he said /\\lard be vari ed as follows :LS from the 1wcn 1y-1hird day of May. 1994 :- 30 September, 1994) QU EE SLAN D GOVERNMENT INDUSTR IAL GA ZETTE 51.1 I. In clause 4 (Defini tion s): (a) hy renumbering existing subclauses (3) and (4) ns (6) and (7) respcc1i vcly; and (b) b) deleting subclauses ( I ) ·Dental Assistant,· and (2) ·Sen ior Demal Ass1~1a nts ' and in sening 1h e fo ll owing in lieu 1hereof:- ··4 ( I ) Dtntal A~s is t an t Le-el I sha ll mean an cmplo)ee with no prior experience or quahli ca ti ons rclcvan1 to th e demal in dustry. (a) uch an emplO}Ct: shall he provided ,,ith on the job expe ri ence to learn basic ~k ill~ required of a dental assisl:rnt and to perfonn general duties as directed. (b ) An emploJee ~ha ll no1 be employed at 1h1s le, el lor more than 6 months ( full-1irn c or equi, alent). (c) Such an employee would work under direct super'\ ision and be provrded with on the job experrcnce to dc~elop the following kn o,, ledge and ski lls :- (i) knowledge of occupational health and safet) principles: (ii) idcntilicati on of surge ry equipment and instrumen Is; {ii 1)understanding of dentollegal and medicoflegal requirements for dental assistants as prescribed under Stale law. (2 ) Dental Assist ant Lrvel 2 shall mean an emplo)ec ha, ing undergone training at Level I or ha, ing appropriate c~ periencc '-ilhin th e dental industry. (J) An emplo)ee shall 1101 work at this le vel for more th an 18 months (full-time or cqui, alcnt). (h) Such m1 employee \\Ould work under direct super vi s ion and direction as appropria1e and be provided "ith on th e job e,penence to develop the folio" ing kno\\ ledge and s ki lls: (i) interpersonal skills to cnabl~ them 10 relate 10 pa1i c nt s: (ii) understanding of the organi~a 1i on of th e practice: Ciii)knowlcdge or lh e admini,t ra1ive and clerical duties required by the f)cmal Assistant in the practice: (iv) lo1owlcdge or 111 fe c1ion control requiremcn1s of the i1H.lu ~try. (,) understanding of dental procedures and knowledge of 1h c role of 1h c dental as~ istant in as~is ting the employer; (c) f:mplO)ecs may be required to 111s1rue1 other emp loyees in the skills of t he kid bel0\1 hy means of personal instrnct io n an d demonstration. (d) lndica1he duties of an ernplO)CC at th1 le,el ma) rnclude· (i) ba~ic cleric al dutic~: (ii) rccepli on ofpaucms; (iii) stock control; (iv) re ce ivin g and recording paymenis; (v) cleanline5s. care and sterilisa1i on of surger) equipment and mstruments: (vi) preparation oflhc surgery for denial procedures; (, ii) recording of dental chanm g and maintenance of de r1tal reco rd s: (viii) a:.~i:. tance al the chair side dunn g all dental procedures; (ix) assbting in the care of 1h c pa t icn1 including assisting in th e management of medical and de ntal emergencies: (x) assisting with dc mal radiography. developing and rn oun 1ing rodiographs: (xi) re ceive from and prepare and dispatch work to 1he den tal laboratory. (J) Dental .-\ ~s istant Le\'C~I 3 shall mean an emplo}ce having had on th e Job experience specified in Level 2 and achieved proliciency in 1h e specified skills. (a) Such an emplo)cc would ,,orl.. under minimal supervision. direction and c-omrol as appropriate. (b) Employees may bc ri:quired to ins1ruct o th er employees in the ski ll s of this le,e l or le vels belo,, b) means of personal mstruction and demon~tra t ion . (4) De ntal Assis 111n1 Level 4 shall mean an e111plo yce with e:-.pe rien ce in the in dusll) who has underj!one formal lr.lining and ,,ho possesses a cenificate of pmficienc) in dental assisting from a course accredi1ed by 1he Dental /\~sistanls ' Education Council of Au st rn li a. (a) Such an emplO)CC ,,ould ,,ork under minimal supervision. direction and control as appropriate. (b) Emp lo)ccs may be required 10 instruct other employees in the sl..11ls of th is grade or grades belo" b) means of personal instruction and demonstrn1io n. (5) Oenti1l Assis tant Le vel 5 shall mean an emplo)CC with the e ,per ience an d qualification of a Level 4 emploJee who either:- (i) possesses a cenifieutc of pro li ciency in radiography from a course accredited by the Dental Assistants' Educauon Council of Australia: and/or (ri ) 1s required to supe" isc. 1rain or co-ordina1e the work of other dental auxi liary employee s; and/or (1ii)has successfully compleled an Oral Heahh Fducat ion Course a cc redited by the Dental Ass is1ants · Education Co un cil of Australia. (a) Such an employee would work under minim al superv is ion, direc ti on and control as appropriate. - -- 1 of 2 -- 512 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [30 Se ptember, 1994 (h) Such employee may be required to instruct other employees in th e skills of this level or levels be low by means of personal instruction and demonstration .. ,. 2. By de leting clause 10 (Wages and Allowances) and inserting the following in lieu thcreof:- ''Wages and Allowances 10.(1) Subject lo clause 9 hereof th e minimum weekly wage rates payable to employees under this Award sha ll be: - Denial Assis/an/ - Toial Wage Leve l Base Ra te 1st Rate from Ullimatc 4 5 at 3/ 8.l'J.l M.R .A . 2:1 15/9~ Relativi ty s s s 234 .00 22.85 256.85 (78%) 234 .00 30 15 264. 15 (85%) 338.70 1 130 350 .00 (92%) 351.58 16.42 368 .00 (10 0%) 376.9 8 15.32 392.30 (105%) (2) Absorption of Minimum Rates Adjustment - The Minimum Rates Adjustment (MRA ' s) as prescribed above are in substitution of any overaward payment as defined hereunder which would otherwise have been paid, as of 23 May 1994. ·() veraward Payment' is defined as the amoun t (whether it be tem1ed ·overaward payment, ·attendance bonus·. ·service incremen t'. or any term whatsoever) which an crnployee would receive in excess of the 'Award Wage· which applied immediately prior to th e date of operation if any broad banding or min imum rates adj us tmen t awarded by lhe Commission for the classificat ion in which the employee is engaged. (3) Juniors - The m in imum weekly ra te of wa ges payable to j unior o::rnp loyees sha ll be calculated as follows :- Percent age of Appropriate !\duh R.ate .. 55 .... .. .... 65 .. 75 Undet 17 y~ars of age .. Under 18 years or age.. ... Under 19 years of age . Under 20 yea rs or age ................ .. .......... .... ......... 85 And th ereafter at the appropriate rate of wages presc ri bed in subclause (I ) hereof. (4) Divisional and Dis 1ric1 Parities - In add ition to the rates of wage set out in this A ward for the Southern Division. Eas tern Dis trict, the fo ll owin g amounts shall be paid Lo employees to who m this Award appl ies employed in the Di vis ions and Districts referred to hereunder:- Ad u Its 21 years of age ancl ove r Per Wee k $ No n hern Div ision, Eas te rn District .. ................ 1.05 Nonhcrn Divis ion, Weste rn District . 3.25 Mackay Division . .... .... ...... .. O90 Southern Division . West ern Di strict . I 05 Juni ors under 21 year s of age Per Week $ 0.5 3 1.63 04 5 0.53 (5) Casual Employees (as defined) - The hourly rate of pay for casu al employees shall be ascertained by dividing the appropnate weekly minimum Award rate for employees of the same class by lorty. adding a load in g of I9% thereto. and then adding the appropriate Divisiona l and District parity converted to an hourly basis. wi th a minimum of two hou rs on each engagement. (6) Pan-time Employees - Em ployees may be engaged as part- t ime workers subject to t he fo ll owing conditions:-· {a) The spread of ordinary working hours shall be the same as those prescribed fo r weekly e mpl oyees. (b) The number of ordinary worki ng hours in any one week shall not be less than 16 and shall not exceed 32. (c) The ordi na ry daily worki ng hours sha ll be worked continuously, excluding meal break, and shall not be less than fo ur hours or more lhan eight hou rs per day. (d) Em ployees sha ll be paid an hourly rate equal 10 th e appropriate weekly rate di vi d ed by forty. (e) Employees shall be entitled to a proportionate entitlement amount of annua l lea ve , sick leave, long service leave, bereavement le ave and al l ~ta tutory ho li days as prescribed for wee k ly ernployees. (I) In each instance the proportionate en t it lement shall be dctem1ined by divi di ng the average number of ho urs worked each week by forty (40). (g) Subject to t he provisions con ta in ed here in al l other prov isions or the Award relevant to wee kl y employees s hall apply to part-time employees. (7) Paym e n1 for Work on S(IJurday - Payment al th e rate of t ime and a-half shall be made for all employees other than casuals for work within t he ordinary spread of hours wh ich may be required to be perfonned on Saturday. (8) Paymenl for Evening Work - All o rd inary work pe rformed bctwcen 6.00 p. rn . and 9.00 p.m.. Monday to Friday. shall he paid for at the applicable hourly rate plus a loadi ng of25%. ". Da ted this thirtee nth day of May, 1994. By the Commissi on , [ LS .] M.J. (t\LLFN. Ind ustri al Registrar. Operative Da te: 23 May 1994 Variat ion - Hours. Classification Structure. First MR;\ Released: 19 September 19 94 30 Septe mber, 1994) QUEENSLAND GOVERN MENT INDUSTRIAL GAZET TE 513 -- 2 of 2 --