WA HEALTH DENTAL TECHNICIANS (DENTAL HEALTH SERVICES) AWARD 2016

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Civil Service Association of Western Australia (Inc)

APPLICANT

-v-

North Metropolitan Health Service

RESPONDENT

CORAM Commissioner T Emmanuel

DATE THURSday, 10 OCTOber 2019

FILE NO/S P 11 OF 2019

CITATION NO. 2019 WAIRC 00750

Result Award varied

Representation

Applicant Mr R Johnstone (of counsel)

Respondent Ms J Poon (as agent)

Order

HAVING heard from Mr R Johnstone (of counsel) on behalf of the applicant and Ms J Poon (as agent) on behalf of the respondent, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –

THAT the WA Health Dental Technicians (Dental Health Services) Award 2016 (Award) be varied in accordance with the following schedule and that such variation shall have effect from the first pay period on or after today’s date.

Further, the Public Service Arbitrator records the following basis for the variations:

1. The Key Minimum Classification in the Award is the classification contained in Schedule 2: Wages, being ‘Dental Technician Year 1’.

2. For work related allowances, the percentage increase in:

• Clause 20 and Schedule F – shift work;
• Schedule D – standby;
• Schedule D – on call; and
• Schedule D – availability

is derived from:

• State Wage Order increase of 2.3% (2017);
• $18.00 divided by $889.50 multiplied by 100 equals 2.0236% (2018); and
• State Wage Order increase of 2.75% (2019)

which is in accordance with Principle 6 – Adjustment of Allowances and Service Increments of the Statement of Principles, specifically 6.4, which states:

In circumstances where the Commission has determined that it is appropriate to adjust existing allowances relating to work or conditions which have not changed and service increments for a monetary safety net increase, the method of adjustment shall be that such allowances and service increments should be increased by a percentage derived as follows:  divide the monetary safety net increase by the rate of pay for the key classification in the relevant award immediately prior to the application of the safety net increase to the award rate and multiply by 100.

3. For expense related allowances, the increase in:

(I)

• Clause 45(6) – cost of storage;
• Clause 45(1)(c) – removal allowance;
• Clause 45(1)(c) – household furniture;

is calculated by applying the percentage change in the current ABS 6401.0 CPI table 5 CPI: Index Numbers; Furnishings, household equipment and services; Perth for each year from 2016 to 2019. That is:

2017 allowance =  

2018 allowance = (rounded)  

2019 allowance =    

(II)

• Clause 45(1)(d) – pet allowance;

is calculated using the method set out at (I) above and data from ABS 6401.0 CPI table 5 Index Numbers; Transport; Perth for the period of March 2016 to March 2019.

(III)

• Schedule D – meal allowance – breakfast;
• Schedule D – meal allowance – lunch; and
• Schedule D – meal allowance – dinner

is calculated using the method set out at (I) above and data from ABS 6401.0 CPI table 5 Index Numbers; Food and non-alcoholic beverages; Perth for the period of March 2016 to March 2019. 

4. The parties request the name of the award be amended by consent from ‘WA Health Dental Technicians (Dental Health Services) Award 2016’ to ‘WA Health CSA Dental Technicians (Dental Health Services) Award 2016’.

Commissioner T Emmanuel

PUBLIC SERVICE ARBITRATOR

SCHEDULE

1. Clause 1 – Title

1. Delete this clause and insert in lieu the following:

1. - TITLE

This Award shall be known as the WA Health CSA Dental Technicians (Dental Health Services) Award 2016 and shall supersede and replace the Hospital Employees’ (Perth Dental Hospital) Award 1971.

2. Clause 20 – Shift work allowance

1. Delete subclause 20(2)(a)(i) and insert in lieu the following:

(2)(a)(i) An employee required to work a weekday afternoon or night shift, will in addition to the ordinary weekly wage rate of pay, be paid a fixed loading of $23.51 for each shift so worked.

3. Clause 45 – Removal allowance

1. Delete subclause 45(1)(c) and insert in lieu the following:

(c) An allowance of $565.00 for accelerated depreciation and extra wear and tear on furniture, effects and appliances for each occasion that an employee is required to transport their furniture, effects and appliances provided that the employer is satisfied that the value of household furniture, effects and appliances moved by the employee is at least $3,387.00.

2. Delete subclause 45(1)(d) and insert in lieu the following:

(d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $198.00.

Pets are defined as dogs, cats, birds or other domestic animals kept by the employee or the employee's dependants for the purpose of household enjoyment.

Pets do not include domesticated livestock, native animals or equine animals.

3. Delete subclause 45(6) and insert in lieu the following:

(6) Where an employee is transferred to government owned or private rental accommodation, where furniture is provided, and as a consequence the employee is obliged to store furniture, the employee shall be reimbursed the actual cost of such storage up to a maximum allowance of $1,052.00 per annum.  Actual cost is deemed to include the premium for adequate insurance coverage for the value of the furniture stored.  An allowance under this subclause shall not be paid for a period in excess of four years without the approval of the employer.

4. Schedule D – Clause 21 – Overtime allowance

1. Delete Part 1 – Out of hours contact and insert in lieu the following:

PART 1 - OUT OF HOURS CONTACT

2. Delete Part 2 – Meals and insert in lieu the following:

PART 2 - MEALS

5. Schedule F – Shift work allowance

1. Delete Schedule F – Shift work allowance and insert in lieu the following:

SCHEDULE F -  shift work Allowance

An employee required to work a weekday afternoon or night shift of 7.6 hours worked, will in addition to the ordinary rate of salary, be paid an allowance of $23.51 is payable for each afternoon or night shift of 7.6 hours worked.