[2009] AIRCFB 948

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

DECISION

Workplace Relations Act 1996
s.576H—Commission may vary modern awards

HEALTH PROFESSIONALS AND SUPPORT SERVICES AWARD 2010
[MA000027]

JUSTICE GIUDICE, PRESIDENT VICE PRESIDENT WATSON SENIOR DEPUTY PRESIDENT WATSON SENIOR DEPUTY PRESIDENT HARRISON SENIOR DEPUTY PRESIDENT ACTON COMMISSIONER SMITH

MELBOURNE, 24 DECEMBER 2009

[1] This decision concerns an application by the Dental Hygienists Association of Australia Inc (DHAA) to vary the Health Professionals and Support Services Award 2010 1 (the award or the modern award) to remove from Schedule C—List of Common Health Professionals the reference to Dental Hygienist.

[2] DHAA is a professional body of dental hygienists and the majority of its members appear to be employees. It describes one of its missions in these terms:

“Advance the profession of dental hygiene by providing a unified voice through representation and consultation within the profession and with allied health professions, government agencies, and education and legislative bodies.”

[3] It was submitted by DHAA that except in Victoria its members have not been covered by industrial instruments. It further submitted that award coverage of dental hygienists would disadvantage its members in the following ways:

“(a) The Award would act to erode dental hygienists’ real high hourly wage both immediately and over time which they have maintained successfully for decades via private individual negotiations, without any industrial instrument benchmarks being used or desired.

(b) The existence of the Award minimum rate of pay would be used by their employers as a benchmark to disadvantage dental hygienists in negotiations on remuneration.

(c) The Award’s classification structure would be used to limit promotion and progression for dental hygienists.

(d) The Award’s classification structure and low entry pay rates for graduates would significantly disadvantage new graduates in comparison to current award-free conditions.” 2

[4] We have no reason to believe that the DHAA does not represent a significant number of dental hygienist employees. Further, no other organisation or person has made any submission on the application.

[5] We grant the application. We shall make an appropriate order.

BY THE COMMISSION:

PRESIDENT

 1   MA000027.

 2   DHAA written submissions, dated 19 October, at paragraph 23.

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