Health Services Union of Western Australia -v- David Bailey, Ross Bailey, Richard Cook
Document Type: Order
Matter Number: APPL 25/2020
Matter Description: Dental Technicians' and Attendant/Receptionists' Award, 1982
Industry: Dental
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner D J Matthews
Delivery Date: 29 Oct 2020
Result: Award varied
Citation: 2020 WAIRC 00880
WAIG Reference: 100 WAIG 1430
DENTAL TECHNICIANS' AND ATTENDANT/RECEPTIONISTS' AWARD, 1982
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES HEALTH SERVICES UNION OF WESTERN AUSTRALIA;
DR ANTHONY FRIDIAN POLI;
DR PETER MCKERRACHER;
DR DAVID FRANCIS MCDONALD
APPLICANT
-V-
THE W.A. DENTAL TECHNICIANS' AND EMPLOYEES' UNION OF WORKERS, DR DAVID BAILEY AND OTHERS
RESPONDENT
CORAM COMMISSIONER D J MATTHEWS
DATE THURSDAY, 29 OCTOBER 2020
FILE NO/S APPL 25 OF 2020, APPL 35 OF 2020, APPL 36 OF 2020, APPL 40 OF 2020
CITATION NO. 2020 WAIRC 00880
Result Award varied
Order
WHEREAS the Health Services Union of Western Australia applied pursuant to section 62(2) Industrial Relations Act 1979 to authorise registration of alterations to the Health Services Union of Western Australia’s registered rules by application FBM 3 of 2013 filed 30 May 2013;
AND WHEREAS the Full Bench of the Western Australian Industrial Relations Commission granted the application (see reasons for decision 93 WAIG 1499) to extend the coverage of the Health Services Union of Western Australia to persons who were eligible to be members of the W.A. Dental Technician’s and Employees’ Union of Workers, Perth due to the fact that the W.A. Dental Technician’s and Employees’ Union of Workers, Perth had ceased to function;
AND WHEREAS the Registrar of the Western Australian Industrial Relations Commission applied to cancel the registration of the W.A. Dental Technician’s and Employees’ Union of Workers, Perth by application FBM 1 of 2015 filed 5 January 2015;
AND WHEREAS the Full Bench of the Western Australian Industrial Relations Commission granted the application and cancelled the registration of the W.A. Dental Technician’s and Employees’ Union of Workers, Perth by order dated 16 April 2015 (95 WAIG 522);
AND WHEREAS the Health Services Union of Western Australia applies pursuant to section 38(2) Industrial Relations Act 1979 and regulation 51 Industrial Relations Commission Regulations 2005 to be joined as a named union party to the Dental Technicians’ and Attendant Receptionists’ Award, 1982 by application APPL 25 of 2020 filed 20 May 2020;
AND WHEREAS Dr Anthony Poli applies pursuant to section 40 Industrial Relations Act 1979 and regulation 50 Industrial Relations Commission Regulations 2005 to be removed as a party to the Dental Technicians’ and Attendant Receptionists’ Award, 1982 by application APPL 35 of 2020 filed 20 July 2020;
AND WHEREAS Dr Peter McKerracher applies pursuant to section 40 Industrial Relations Act 1979 and regulation 50 Industrial Relations Commission Regulations 2005 to be removed as a party to the Dental Technicians’ and Attendant Receptionists’ Award, 1982 by application APPL 36 of 2020 filed 21 July 2020;
AND WHEREAS Dr David McDonald applies pursuant to section 40 Industrial Relations Act 1979 and regulation 50 Industrial Relations Commission Regulations 2005 to be removed as a party to the Dental Technicians’ and Attendant Receptionists’ Award, 1982 by application APPL 40 of 2020 filed 5 August 2020;
AND HAVING sent a minute of proposed order to the Health Services Union of Western Australia, all respondent’s named in Schedule B of the Dental Technicians’ and Attendant/Receptionists’ Award, 1982 and the parties named in section 29A(2)(a)(i) Industrial Relations Act 1979 by letter on Wednesday, 14 October 2020 inviting submissions to be filed by Monday, 26 October 2020;
AND HAVING received no submissions from the Health Services Union of Western Australia, the respondent’s named in Schedule B of the Dental Technicians’ and Attendant/Receptionists’ Award, 1982 or the parties named in section 29A(2)(a)(i) Industrial Relations Act 1979 by Monday, 26 October 2020, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 and by consent, hereby orders –
THAT the Dental Technicians’ and Attendant/Receptionists’ Award, 1982 be varied in accordance with the following Schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period commencing on or after Monday, 2 November 2020.
COMMISSIONER D J MATTHEWS
SCHEDULE
1. Clause 6. – Definitions: Delete subclause (9) of this clause and insert the following in lieu thereof
(9) “Union” means the Health Services Union of Western Australia.
2. Schedule A. – Named Union Party: Delete this title and schedule and insert the following in lieu thereof:
SCHEDULE A. – NAMED UNION PARTY
Health Services Union of Western Australia
3. Schedule B. – Delete this title and schedule and insert the following in lieu thereof:
SCHEDULE B. – RESPONDENTS
Dr. David Bailey
Innaloo Medical/Dental Centre
Cnr S/Beach Road and Oswald Street
INNALOO WA 6018
Dr. Ross Bailey
PO Box 209
MANDURAH WA 6210
Dr. Richard Cook AM
8th Floor Exchange House
68 St George’s Terrace
PERTH WA 6000
Dr. John Davies
P O Box 864
MT LAWLEY WA 6929
Dr. Mark Davis
5 Eagar Cnr
LEEMING WA 6149
Dr. Peter Ellies
Broome Dental Clinic
PO Box 600
BROOME WA 6725
Dr. Graeme Ewers
31 Central Avenue
SWANBORNE WA 6010
Dr. Domenic Faraone
42 Woodsome Street
MOUNT LAWLEY WA 6050
Dr. Stuart Gairns
174 Cambridge Street
WEST LEEDERVILLE WA 6007
Dr. Mark Hansen
31 Dakin Street
DAGLISH WA 6008
Dr. Andrew Heap
25 Belhus Drive
TRIGG WA 6029
Dr. Fiona Kelly
100 Chapman Road
GERALDTON WA 6530
Dr. Brian Koch
Applecross Professional Centre
P O Box 243
APPLECROSS WA 6153
Dr. Philip Lawe-Davies
4th Floor Kings New Office Tower
533 Hay Street
PERTH WA 6000
Dr. Carmel Lloyd
19 Dunstan Street
BUNBURY WA 6230
Dr. Charles Love
Winthrop Prof Centre
Suite 3
52 Hatherley Parade
WINTHROP WA 6150
Dr. Michael McGuinness
Central City Dental Clinic
Exchange House, Level 6
68 St George’s Terrace
PERTH WA 6000
Dr. Peter Munt
39 Colin Street
WEST PERTH WA 6005
Dr. Colin O’Brien
478 Stirling Highway
COTTESLOE WA 6011
Dr. Terence Pitsikas
S3 Mirrabooka Medical Centre
CNR Ilkeston Place and Yirrigan Drive
MIRRABOOKA WA 6061
Dr. Albert Tan
Suite 3
20 Altona Street
WEST PERTH WA 6000
DENTAL TECHNICIANS' AND ATTENDANT/RECEPTIONISTS' AWARD, 1982
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Health Services Union of Western Australia;
Dr Anthony Fridian Poli;
Dr Peter McKerracher;
Dr David Francis McDonald
APPLICANT
-v-
The W.A. Dental Technicians' and Employees' Union of Workers, Dr David Bailey and others
RESPONDENT
CORAM Commissioner D J Matthews
DATE Thursday, 29 October 2020
FILE NO/S APPL 25 OF 2020, APPL 35 OF 2020, APPL 36 OF 2020, APPL 40 OF 2020
CITATION NO. 2020 WAIRC 00880
Result Award varied
Order
WHEREAS the Health Services Union of Western Australia applied pursuant to section 62(2) Industrial Relations Act 1979 to authorise registration of alterations to the Health Services Union of Western Australia’s registered rules by application FBM 3 of 2013 filed 30 May 2013;
AND WHEREAS the Full Bench of the Western Australian Industrial Relations Commission granted the application (see reasons for decision 93 WAIG 1499) to extend the coverage of the Health Services Union of Western Australia to persons who were eligible to be members of the W.A. Dental Technician’s and Employees’ Union of Workers, Perth due to the fact that the W.A. Dental Technician’s and Employees’ Union of Workers, Perth had ceased to function;
AND WHEREAS the Registrar of the Western Australian Industrial Relations Commission applied to cancel the registration of the W.A. Dental Technician’s and Employees’ Union of Workers, Perth by application FBM 1 of 2015 filed 5 January 2015;
AND WHEREAS the Full Bench of the Western Australian Industrial Relations Commission granted the application and cancelled the registration of the W.A. Dental Technician’s and Employees’ Union of Workers, Perth by order dated 16 April 2015 (95 WAIG 522);
AND WHEREAS the Health Services Union of Western Australia applies pursuant to section 38(2) Industrial Relations Act 1979 and regulation 51 Industrial Relations Commission Regulations 2005 to be joined as a named union party to the Dental Technicians’ and Attendant Receptionists’ Award, 1982 by application APPL 25 of 2020 filed 20 May 2020;
AND WHEREAS Dr Anthony Poli applies pursuant to section 40 Industrial Relations Act 1979 and regulation 50 Industrial Relations Commission Regulations 2005 to be removed as a party to the Dental Technicians’ and Attendant Receptionists’ Award, 1982 by application APPL 35 of 2020 filed 20 July 2020;
AND WHEREAS Dr Peter McKerracher applies pursuant to section 40 Industrial Relations Act 1979 and regulation 50 Industrial Relations Commission Regulations 2005 to be removed as a party to the Dental Technicians’ and Attendant Receptionists’ Award, 1982 by application APPL 36 of 2020 filed 21 July 2020;
AND WHEREAS Dr David McDonald applies pursuant to section 40 Industrial Relations Act 1979 and regulation 50 Industrial Relations Commission Regulations 2005 to be removed as a party to the Dental Technicians’ and Attendant Receptionists’ Award, 1982 by application APPL 40 of 2020 filed 5 August 2020;
AND HAVING sent a minute of proposed order to the Health Services Union of Western Australia, all respondent’s named in Schedule B of the Dental Technicians’ and Attendant/Receptionists’ Award, 1982 and the parties named in section 29A(2)(a)(i) Industrial Relations Act 1979 by letter on Wednesday, 14 October 2020 inviting submissions to be filed by Monday, 26 October 2020;
AND HAVING received no submissions from the Health Services Union of Western Australia, the respondent’s named in Schedule B of the Dental Technicians’ and Attendant/Receptionists’ Award, 1982 or the parties named in section 29A(2)(a)(i) Industrial Relations Act 1979 by Monday, 26 October 2020, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 and by consent, hereby orders –
THAT the Dental Technicians’ and Attendant/Receptionists’ Award, 1982 be varied in accordance with the following Schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period commencing on or after Monday, 2 November 2020.
Commissioner D J Matthews
SCHEDULE
1. Clause 6. – Definitions: Delete subclause (9) of this clause and insert the following in lieu thereof
(9) “Union” means the Health Services Union of Western Australia.
2. Schedule A. – Named Union Party: Delete this title and schedule and insert the following in lieu thereof:
SCHEDULE A. – NAMED UNION PARTY
Health Services Union of Western Australia
3. Schedule B. – Delete this title and schedule and insert the following in lieu thereof:
SCHEDULE B. – Respondents
Dr. David Bailey
Innaloo Medical/Dental Centre
Cnr S/Beach Road and Oswald Street
INNALOO WA 6018
Dr. Ross Bailey
PO Box 209
MANDURAH WA 6210
Dr. Richard Cook AM
8th Floor Exchange House
68 St George’s Terrace
PERTH WA 6000
Dr. John Davies
P O Box 864
MT LAWLEY WA 6929
Dr. Mark Davis
5 Eagar Cnr
LEEMING WA 6149
Dr. Peter Ellies
Broome Dental Clinic
PO Box 600
BROOME WA 6725
Dr. Graeme Ewers
31 Central Avenue
SWANBORNE WA 6010
Dr. Domenic Faraone
42 Woodsome Street
MOUNT LAWLEY WA 6050
Dr. Stuart Gairns
174 Cambridge Street
WEST LEEDERVILLE WA 6007
Dr. Mark Hansen
31 Dakin Street
DAGLISH WA 6008
Dr. Andrew Heap
25 Belhus Drive
TRIGG WA 6029
Dr. Fiona Kelly
100 Chapman Road
GERALDTON WA 6530
Dr. Brian Koch
Applecross Professional Centre
P O Box 243
APPLECROSS WA 6153
Dr. Philip Lawe-Davies
4th Floor Kings New Office Tower
533 Hay Street
PERTH WA 6000
Dr. Carmel Lloyd
19 Dunstan Street
BUNBURY WA 6230
Dr. Charles Love
Winthrop Prof Centre
Suite 3
52 Hatherley Parade
WINTHROP WA 6150
Dr. Michael McGuinness
Central City Dental Clinic
Exchange House, Level 6
68 St George’s Terrace
PERTH WA 6000
Dr. Peter Munt
39 Colin Street
WEST PERTH WA 6005
Dr. Colin O’Brien
478 Stirling Highway
COTTESLOE WA 6011
Dr. Terence Pitsikas
S3 Mirrabooka Medical Centre
CNR Ilkeston Place and Yirrigan Drive
MIRRABOOKA WA 6061
Dr. Albert Tan
Suite 3
20 Altona Street
WEST PERTH WA 6000