Making the most of the Award

We focus on the new pay award and what it means for the future of our industry

Spoiler alert: It's not all doom and gloom!

By Carol Tran & Bill Suen

AFTER MANY YEARS of review and deliberation, the Fair Work Commission finally handed down its determination of the Health Professionals and Support Services Award 2020 [MA000027](the Award) on 24 November, 2020, with an effective date of 1 July, 2021.

The determination confirmed the inclusion of Dental Hygienists and Oral Health Therapists to join Dental Therapists by being covered by the Award.

While this is extremely disappointing to be included in the Award, it is not all doom and gloom.

With every threat there is opportunity. The Award system is the result of a desire to balance uneven ‘power’ distribution of parties involved in employment arrangements in the workplace. It is designed to protect individual employees from unfair employment arrangements; and is intended to set minimal wages and working conditions for the workforce, the actual wages and conditions should be based on market supply and demand conditions. The Award itself may actually be a good idea for the workforce.

The Award defines categories of employment and periods of ordinary hours with mandatory casual loading (25%), annual leave loading (17.5%), overtime and penalty rates (150-250%). It also sets conditions for mandatory pay points progression, termination, redundancy, classification definitions, paid tea breaks, unpaid meal breaks, rostering arrangements, higher duties arrangements, and uniform/clothing and a comprehensive range of work-related allowances. It is important to read the HPSS Award 2020 and understand your rights and applications.

It also cross references the National Employment Standards in confirming various leave entitlements, redundancy, termination and superannuation obligations.

The main issue with our profession, is that the Award we have been asked to join is a general one that covers a large range of health professionals and support staff. The wage classifications are well below the market as well as the historical range that our profession has been receiving. Please note that all existing employment contracts (above award) are protected, but there is a real possibility that employers will use the (low) award wage as a reference when employing new staff, leading to a gradual decline in wage level over time.

While individual employees may not need to accept unreasonable wages and conditions, it will be difficult if the offer on the table is still at, or above Award. Individual employees are often in a inferior ‘power’ position to negotiate. It is therefore important to make sure employees are aware of the market rates and not coerced into accepting sub-optimal offers.

As a profession, we need to stick together to maximise our ‘collective power’ to protect our market position. At the same time we need to make use of the additional benefits (other than the minimum wage) that the Award brings, from 1 July this year. To achieve this as a profession we need strong leadership, and widespread cooperation and information flow from the front line.

The DHAA has been working with ADOHTA in preparing a workforce report, with the aim of publishing a reliable market wage, along with other relevant information, to be used as a benchmark by all parties involved in the recruitment process. A series of webinars have been scheduled to provide information to members, as well as updating all relevant resources such as employment contract templates. DHAA members have ongoing access to individualised advice through the Industrial Relations advice line on the DHAA website.

Individuals need not feel alone when practicing in our profession, and the next few years are going to be crucial. Any dental hygienist or oral health therapist who is currently not a member of a professional association should join one so that we can act together collectively in dealing with this threat.

Together we could make the best of both worlds.

How will the Award affect you?

By Robyn Russell

Many DHAA members are confused as to how the Award will actually affect their day to day working lives. Below are a few real-life discussions that have been had with members of our dental community.

CASE ONE

Contract offered, low casual hourly rate

Dental hygienist interviewed for a position and really had a great vibe about the workplace and was very keen to work at the practice.

During the interview process the hygienist did not ask about the rate of pay. After the completion of the interview the practice owner informed the hygienist that she had been successful and a contract would be emailed for her to sign, the position would commence the following week. The rate of pay offered, as a casual employee, was $29/hour. The contract also referred to the Award on several occasions, stating that the hourly rate was actually higher than the wage classification for this employee.

Overtime would be applied at the award rate; and a laundry allowance had been included as it was above the Award rate for her classification.

Questions that one may both ask of themselves and a prospective employer, when seeking to understand the thinking behind these conditions: 1. Contract is dated January 2021, and MA000027 is in effect from 1st July, 2021. Ask which award this contract is actually referring to. 2. How did the employer determine the level of classification and the casual nature of employment arrangement for the hygienist? 3. Ask what the actual hourly rate for this classification is as a permanent classification, and how the 25% casual loading was applied to this rate. 4. Ask for the breakdown of the award rate and how the laundry allowance was applied to this rate.

Yes, there may also be a few other questions to ask in this scenario. While it may be easy to get angry and frustrated when you see such a contract, it is also worth considering a few other factors. The employer who offered this contract had never employed a dental hygienist before – hopefully this was an error on their part in not knowing when the award for a dental hygienist commences, and how to classify dental hygienists. It is also important to note that the award rate is the minimum safeguard for employees, and that the market going rate should be considered as the benchmark. Their naivety could have also extended to not knowing the difference between dental assistants and dental hygienists. There is also a great deal of incorrect information offered via platforms such as Facebook groups. Just like we are all trying to wade our way through the information, possibly the rest of the dental community are too.

It is important not to sign a contract when you are unsure – seek clarification from the prospective employer. There is never any harm in asking questions in order to clarify your understanding. Seek professional advice from the correct sources.

CASE TWO

Current SEA is about to expire, so renegotiation is required

A large private group dental practice employ five OHTs and a team of 15 support staff. Given that it is such a large organisation, the group relies on a Single Enterprise Agreement (SEA).

This SEA is about to expire and the group need to vote and agree on the conditions. The five OHTs are very nervous about this as the stated hourly rates in their current agreement seem somewhat higher than those listed in MA000027.

The question here, is whether to forge ahead and proactively engage in negotiations with the employer or to wait until 1 July, 2021. From my understanding of most problems it is usually best to approach issues such as this head-on and this would seem to be the case here.

“It is also important to note that the award rate is the minimum safeguard for employees, and that the market going rate should be considered as the benchmark.”

The anxiety felt by the OHTs may not be necessary as the BOOT (Better Off Overall Test) could well come into play here.

It is still always best to seek more information and have a representative assist you when negotiating wage conditions.

CASE THREE

AHPRA Restrictions on practice, low hourly rate offered

An OHT with restrictions placed on his clinical practice by AHPRA was offered a very low rate of pay with a new employer. This clinician thought that the prospective employer assumed that this was kosher as they were offering the OHT an opportunity to practice.

My questions for this OHT included: 1. Would this be a genuine mentorship role? 2. How long would this low rate of pay continue for? 3. Would the employer further reduce the scope of clinical practice for the OHT? 4. Are you comfortable accepting this offer?

My questions to the IR advice line would be: 1. Is this lawful? 2. After 1 July, 2021, could an employer offer a OHT/HYG a lower rate than that stated in MA000027?

Of course, there may be many other questions asked in a scenario such as this. Although, starting with asking your “gut” and the DHAA IR advice line could be the best initial place to begin.

Still need to talk?

The DHAA has a range of private and confidential services available to help members through uncertain or tough and challenging times.

Visit the DHAA website for information on the variety of support available, or to submit a request for support.

https://dhaa.info/Portal/Advice-Support/Advice-Support/DHAAPortal/Advice-Support/Advice-Support.aspx