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enish Dental Laboratories and Others. No. 1210 of 1998. Dental Technicians’ and Attendant/ Receptionists’ Award, 1982 No. 29 of 1982. 27 July 1998. Order. HAVING heard Ms C.L.L. Thomas on behalf of the v Mr P.S. Swingler on behalf of the

(1998) 78 WAIG 3316 Single Commissioner (WAIRC) 1998-07-27 File: No. 1210 of 1998
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APPLICANT: enish Dental Laboratories and Others. No. 1210 of 1998. Dental Technicians’ and Attendant/ Receptionists’ Award, 1982 No. 29 of 1982. 27 July 1998. Order. HAVING heard Ms C.L.L. Thomas on behalf of the
RESPONDENT: Mr P.S. Swingler on behalf of the
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Concept tags · 2

[S]Wages — payment obligations [S]Overtime and penalty rates
Archived text (1167 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Hospital Salaried Officers Association of Western Australia (Union of Workers) and Devenish Dental Laboratories and Others. No. 1210 of 1998. Dental Technicians’ and Attendant/ Receptionists’ Award, 1982 No. 29 of 1982. 27 July 1998. Order. HAVING heard Ms C.L.L. Thomas on behalf of the Applicant and Mr P.S. Swingler on behalf of the Respondents and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders— THAT the Dental Technicians’ and Attendant/Recep- tionists’ Award, 1982 be varied in accordance with the following Schedule and that such variation shall have ef- fect from the beginning of the first pay period commencing on or after the date hereof. (Sgd.) G.L. FIELDING, [L.S.] Senior Commissioner. Schedule. 1. Clause 1A.—Statement of Principles—June, 1998: After this clause insert a new clauses as follows— 1B.—MINIMUM ADULT AWARD WAGE (1) No adult employee shall be paid less than the Mini- mum Adult Wage unless otherwise provided by this clause. (2) The Minimum Adult Award Wage for full time adult employees is $373.40 per week payable from the be- ginning of the first pay period commencing on or after 27 July 1998. (3) The Minimum Adult Award Wage of $373.40 per week is deemed to include all arbitrated safety net adjustments from State Wage Case decisions to June 1998, including the arbitrated safety net adjustments of $14.00, $12.00 or $10.00 per week as the case may be, from Matter No 757 of 1998. (4) Unless otherwise provided in this clause adults em- ployed as casual or part time employees shall not be paid less than pro rata the Minimum Adult Award Wage according to the hours worked. (5) Juniors shall be paid no less than the wage deter- mined by applying the percentage prescribed in the junior rates provision of the Minimum Adult Award Wage of $373.40. (6) (a) The Minimum Adult Award Wage shall not apply to apprentices, employees engaged on Traineeships or Jobskills placements, or to other categories of employees who by prescrip- tion are paid less than the minimum award rate. (b) Liberty to apply is reserved in relation to any special categories of employees not included here or otherwise in relation to the application of the Minimum Adult Award Wage. (7) Subject to this clause the Minimum Adult Award Wage shall— (a) apply to all work in ordinary hours (b) apply to the calculation of overtime and all other penalty rates, superannuation, payments during sick leave, long service leave and an- nual leave and for all other purposes of this award. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 3316 (8) (a) The rates of pay in this award include the mini- mum weekly wage for adult employees payable under the June 1998 State Wage Case Decision. Any increase arising from the inser- tion of the adult minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and con- ditions of employment are regulated by this award which are above the wage rates pre- scribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award agreements. Ab- sorption which is contrary to the terms of an agreement is not required. (b) Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from en- terprise agreements, are not to be used to offset the adult minimum wage. (2) Clause 2. – Arrangement: (A) After Clause 1A.—Statement of Principles—June, 1998 insert the following— 1B. Minimum Adult Award Wage (B) Delete the number and title “7A. Minimum Wage— Adult Males and Females 3. Clause 7.—Wages: Delete this clause and insert in lieu thereof the following— 7.—WAGES The following shall be the minimum fortnightly rates of wage payable to employees covered by this award. CURRENT June 98 NEW ASNA (1) Dental Technicians (a) Dental Technician 895.70 28.00 923.70 (b) Senior Dental Technician 912.70 28.00 940.70 (c) Advanced Dental Technician 974.30 28.00 1002.30 (d) Senior Advanced Dental Technician 991.30 28.00 1019.30 (2) Laboratory Assistants (a) Laboratory Assistants 720.80 28.00 748.80 (b) Junior Laboratory Assistants— percent of adult rate Under 16 year of age 48% 16 to 17 years of age 58% 17 to 18 years of age 69% 18 to 19 years of age 82% 19 to 20 years of age 93% 20 to 21 years of age 99% (3) Apprentices—percent of Dental Technicians ((1)(a)) rate (a) Four year term— 1st year 42% 2nd year 55% 3rd year 75% 4th year 88% (b) Three and a half year term— 1st six months 42% Next year 55% Next following year 75% Final year 88% (c) Three year term— 1st year 55% 2nd year 75% 3rd year 88% (4) Assistants Attendants and Attendant/Receptionists (a) Dental Attendants and/or Receptionist 720.80 28.00 748.80 (b) Dental Assistants 735.20 28.00 763.20 (c) Senior Dental Attendant and/or Receptionist 737.80 28.00 765.80 (d) Senior Dental Assistant 752.20 28.00 780.20 CURRENT June 98 NEW ASNA (e) Junior Dental Assistants, Attendants and Attendant/ Receptionist percent of relevant adult rate Under 16 years of age 48% 16 to 17 years of age 58% 17 to 18 years of age 69% 18 to 19 years of age 82% 19 to 20 years of age 93% 20 to 21 years of age 99% (5) Casual employees shall receive twenty percent in addi- tion to the rates prescribed in this clause for the work performed. (6) The rates of pay in this award include three arbitrated safety net adjustments totalling $24.00 per week and the $10.00 per week arbitrated safety net adjustment payable from the beginning of the first pay period on or after the 14th day of November 1997. Furthermore the rates of pay in this award include the arbi- trated safety net adjustments of the following amounts— (a) $14.00 per week increase in award rates up to and including $550.00 per week (b) $12.00 per week increase in award rates above $550.00 per week and up to and including $700.00 per week; and (c) $10.00 per week increase in award rates above $700.00 per week. These arbitrated safety net adjustments shall be offset against any equivalent amount in rates of pay received by employees since 1 November 1991 whose wages and conditions are regu- lated by this award and which are above the wage rates prescribed in it, provided that the above award payments in- clude wages payable under an enterprise agreement in which absorption is not contrary to the terms of the enterprise agree- ment. Increases made under State Wage Case Principles prior to June 1998, except those resulting from enterprise agreements, are not to be used to offset this arbitrated safety net adjust- ment of $14.00, $12.00 or $10.00 per week as the case may be. 4. Clause 7A.—Minimum Wage—Adult Males and Females: Delete this clause. HOSPITAL SALARIED OFFICERS (CEREBRAL PALSY) AWARD 1978. No. R 37 of 1976.