WA HEALTH DENTAL TECHNICIANS (DENTAL HEALTH SERVICES) AWARD 2016

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Civil Service Association of Western Australia Incorporated

APPLICANT

-v-

Director General of the North Metropolitan Health Service

RESPONDENT

CORAM PUBLIC SERVICE ARBITRATOR

 Senior Commissioner S J Kenner

DATE THURSDAY, 3 DECEMBER 2020

FILE NO/S P 4 OF 2019

CITATION NO. 2020 WAIRC 00944

Result Award varied

Representation

Applicant Mr M Finnegan

Respondent Ms S Van Der Merwe

Order

HAVING heard Mr M Finnegan on behalf of the applicant, and Ms S Van Der Merwe as agent for the respondent, the Arbitrator, pursuant to the powers conferred on him under the Industrial Relations Act 1979 (WA), and by consent, hereby orders –

THAT the WA Health CSA Dental Technicians (Dental Health Services) Award 2016 be varied in accordance with the following schedule and that such variation shall have effect on and from 1 January 2021.

Senior Commissioner S J Kenner

PUBLIC SERVICE ARBITRATOR

SCHEDULE

1. Clause 2. - Arrangement:  Delete this clause and insert the following in lieu thereof:

2. - ARRANGEMENT

1. Title

1B. Minimum Adult Award Wage

2. Arrangement

3. Area of Operation

4. Scope

5. Term of Award

6. Definitions

7. Certificate of Service

8. Contract of Service

9. Part-Time Employment

10. Casual Employment

11. Wages

12. Purchased Leave - 44/52 Salary Arrangement

13. Purchased Leave - Deferred Salary Arrangement

14. Salary Packaging Arrangement

15. Supported Wage

16. Apprentices

17. Annual Increments

18. Higher Duties Allowance

19. Hours

20 Shift Work Allowance

21. Overtime Allowance

22. Annual Leave

23. Public Holidays

24. Long Service Leave

25. Sick Leave

26. Carers Leave

27. Parental Leave

28. Leave Without Pay

29. Study Assistance

30. Short Leave

31. Bereavement Leave

32. Cultural/Ceremonial Leave

33. Blood/Plasma Donors Leave

34. Emergency Service Leave

35. Facilities for Union Representatives

35A. Representation Rights

36. Leave to Attend Association Business

37. Trade Union Training Leave

38. Defence Force Reserves Leave

39. Witness and Jury Service

40. Disturbance Allowance

41. Motor Vehicle Allowance

42. Property Allowance

43. Protective Clothing Allowance

44. Relieving Allowance

45. Removal Allowance

46. Transfer Allowance

47. Travelling Allowance

48. Weekend Absence from Residence

49. Preservation of Rights

50. Keeping of and Access to Employment Records

51. Notification of Change

52. Right of Entry and Inspection by Authorised Representatives

53. Copies of Award

54. Access to Information and Resources

55. Establishment of Consultative Mechanisms

56. Dispute Settlement Procedure

Schedule A Respondent Employer

Schedule B Wages

Schedule C Motor Vehicle Allowance

Schedule D Clause 21. – Overtime Allowance

Schedule E Travelling, Transfer and Relieving Allowance

Schedule F Shift Work Allowance

Schedule G Named Union Party

2.  Clause 35. - Union Facilities for Union Representatives:  Delete this clause and insert the following in lieu thereof:

35. - FACILITIES FOR UNION REPRESENTATIVES

(1) The employer recognises the rights of the union to organise and represent its members. Union representatives in the employer’s workplaces are employees of the employer and have a legitimate role and function in assisting the union in the tasks of recruitment, organising, communication and representing the individual and collective interests of members in the workplace, organisation and union electorate.

(2) The employer recognises that, under the union's rules, union representatives are members of an Electorate Delegates Committee representing members within a union electorate. A union electorate may cover more than one employer.

(3) The employer will recognise union representatives in the employer’s workplaces and will allow them to carry out their role and functions.

(4) The union will advise the employer in writing of the names of the union representatives in the employer’s workplaces.

(5) The employer shall recognise the authorisation of each union representative in the employer’s workplaces and shall provide them with the following:

(a) Paid time off from normal duties to perform their functions as a union representative such as organising, recruiting, handling individual matters and workplace disputes, collective bargaining, involvement in the electorate delegates committee and to attend union business in accordance with clause 36 - Leave to Attend Association Business of this Award.

(b) Access to facilities required for the purpose of carrying out their duties.  Facilities may include but not be limited to, the use of filing cabinets, meeting rooms, telephones, fax, email – including broadcast emails – to all employees, internet, a union noticeboard, photocopiers and stationery. Such access to facilities shall not unreasonably affect the operation of the organisation and shall be subject to the employer’s Code of Conduct.

(c) Paid access to periods of leave for the purpose of attending union training courses in accordance with clause 37 - Trade Union Training Leave of this Award. Regional representatives will be provided with appropriate travel time.

(d) Notification of the commencement of new employees, and as part of their induction, time to discuss the benefits of union membership with them.

(e) Access to awards, industrial agreements, policies and procedures.

(f) The names of any Equal Employment Opportunity and Occupational Health, Safety and Welfare representatives, Grievance Officers and First Aid Officers.

(6) The employer recognises it is paramount that union representatives in the workplace are not threatened or disadvantaged in any way as a result of their role as a union representative.

3. Clause 35. – Union Facilities for Union Representatives:  Immediately following this clause, insert a new clause “35A. – Representation Rights” as follows:

35A. - REPRESENTATION RIGHTS

Employee Entitlement to Representation

(1)  For the purposes of representation under this clause, significant matters are discipline, performance, employee entitlements, fitness for work and return to work.

(2) In respect of significant matters an employee’s right to representation includes advocacy.

(3) The employer will recognise the choice of representative made by an employee, which may include a union representative, a union official or an employee of the union.

(4) If:

(a) a representative nominated by an employee, being an organisation within the meaning of the Industrial Relations Act 1979 (the Act), an employee or officer of such an organisation, a union representative within the meaning of clause 35(2) of this Award, a person registered under section 112A of the Act, an employee or officer of such a person, or a legal practitioner, or

(b) an employee,

notifies the employer in writing that a representative acts for the employee in relation to a matter and provides the identity and contact details of the representative, the employer must recognise that person’s representational capacity in all future dealings on that matter.

(5) The presence of a representative is not necessary at every meeting between an employee and the employer (or a representative of the employer). Where the meeting involves a significant matter the representative shall be permitted to attend. All parties will make reasonable efforts to avoid unnecessary delays.

(6) The employer accepts a representative can advocate on behalf of the employee at the meeting. For the purposes of this clause only, an advocate may make comments on the process, ask questions, seek clarification of questions put to the employee, seek adjournments to confer with the employee and provide further comments at the conclusion of the interview, but will not answer questions of fact put to the employee.