31 March 2025
Award compliance: The top 5 essential steps for employers in the dental industry
For employers in the dental industry, ensuring compliance with the Health Professionals and Support Services Award 2020 (HPSS) is more than just a legal requirement—it’s about creating a fair, transparent, and well-managed workplace. As a dental practice owner or manager, understanding the Award and adhering to its requirements is vital to maintaining a happy, productive workforce.
Whether you're managing a team of dental hygienists, dental assistants, or support staff, there are five key areas that require your attention to ensure full compliance.
1. Classifying employees correctly: Know where everyone fits
One of the first things you need to get right as an employer is the classification of your staff. The HPSS Award provides detailed classification definitions for both health professionals and support services employees. It’s crucial that you assign your employees to the right level based on their qualifications, responsibilities, and experience.
For example, health professionals like dental hygienists, and oral health therapists are classified into different levels:
Level 1 typically covers entry-level professionals such as new graduates, who will be working under supervision for more complex tasks.
Level 2 professionals are those who can work independently on routine tasks but may still need supervision for more complex procedures.
Level 3 professionals handle the most complex cases and work with a high level of autonomy.
On the Support Services side, staff such as dental assistants, receptionists, and cleaners also have classification levels. For example, an unqualified dental assistant might start at Level 1 as an entry-level employee, progressing to Level 2 as they gain experience and can take on more responsibilities.
Why this matters: Correct classification is vital not just for legal compliance, but also for setting clear expectations and ensuring employees are paid appropriately for their work. Misclassifying roles can lead to wage discrepancies and legal risks.
2. Paying for higher duties: Fair compensation for extra responsibility
From time to time, your employees may be asked to take on tasks or roles that are above their usual classification, whether that’s covering for a colleague or taking on additional duties temporarily. The HPSS Award has specific provisions on how these situations should be handled, and it’s crucial to follow them to ensure fairness.
If a support services employee is asked to work in a higher classification for two hours or less, they should be paid at the higher rate for the time spent in the higher-level role. For shifts longer than two hours, they must be paid at the higher rate for the full day.
For health professionals, if they are temporarily covering a higher classification for five or more consecutive working days, they should be paid at the rate for the higher classification for the entire duration of the higher duties. This ensures employees are compensated fairly when they step up to fill more demanding roles.
Why this matters: The ability to assign higher duties is a common occurrence in many workplaces, especially in a dynamic environment like a dental practice. By adhering to the Award’s rules, you maintain fair pay practices and avoid potential disputes with staff who feel their contributions aren’t being properly recognised.
3. Consultation with employees: Involve them in decisions that affect their work
The HPSS Award mandates that employers must consult employees about any significant changes to their workplace, particularly when it comes to changes to rosters, work hours, or other major workplace decisions. This is an area where many employers fall short, but it’s critical for maintaining employee morale and avoiding any conflicts.
For example, if you need to change your practice’s regular roster or alter the ordinary hours of work, you must provide affected employees with information about the change. You must also invite them to give feedback on how the change may impact them, particularly in terms of their work-life balance and personal commitments.
Why this matters: Consultation isn’t just a box to tick! it’s about ensuring your team is kept informed and that their views are taken into account when making decisions that affect them. This builds trust, improves communication, and helps avoid unnecessary conflict.
4. Overtime and penalty rates: Fair compensation for extra hours worked
Overtime is another crucial area of the HPSS Award. If employees are asked to work beyond their regular hours, especially during evenings, weekends, or public holidays, they must be compensated with overtime rates or penalty rates. The Award outlines these provisions clearly.
For permanent employees, overtime is paid at the following rates:
- Monday to Saturday – 150% of the minimum hourly rate for the first 2 hours and 200% thereafter; and
- Sunday – 200% of the minimum hourly rate; and
- Public holidays – 250% of the minimum hourly rate.
For casual employees, overtime is paid at the following rates*:
- Monday to Saturday – 187.5% of the minimum hourly rate for the first 2 hours and 250% thereafter; and
- Sunday – 250% of the minimum hourly rate; and
- Public holidays – 312.5% of the minimum hourly rate.
**Casual loading is added into the above rate.
Why this matters: Having clear rules for overtime ensures you don’t inadvertently underpay staff for extra hours worked. Plus, it’s a great way to protect your business from legal disputes. Many disputes arise from unclear or inconsistent overtime payments, so it’s important to establish policies early on.
5. Allowances and loadings: Don’t overlook leave entitlements
Finally, allowances and loadings are an essential part of complying with the HPSS Award. These provisions ensure your employees are fairly compensated for work-related expenses or responsibilities not directly reflected in their base wage. Let’s look at some of the most common allowances.
- Annual leave loading: Employees, other than a shiftworker will be paid an addition loading of 17.5% of their minimum rate of pay when going on annual leave. A shiftworker will receive the higher of either an annual leave loading of 17.5% of their minimum rate of pay, or the weekend and shift penalties they would have earned if they had worked during the leave period.
- Allowances: Employees who work overtime without prior notice are entitled to a meal allowance to cover the cost of meals during extended shifts. Similarly, employees required to travel for work-related purposes may be entitled to travel allowances to cover costs such as transport or accommodation.
Why this matters: These allowances are often overlooked, but they play an important role in ensuring that employees are not financially burdened by the duties they’re asked to perform. It’s essential to understand which allowances apply to your team, as not paying them could lead to costly disputes.
Wrapping up: Staying on track with compliance
Ensuring compliance with the HPSS Award is a critical task for employers in the dental industry. By focusing on classification accuracy, higher duties pay, proper consultation, overtime compensation, and allowances, you can provide a fair and compliant workplace that fosters a positive environment for all.
Staying compliant isn’t just about ticking boxes, it's about creating a transparent, supportive environment where employees feel valued and treated fairly. Taking these steps will not only help you avoid legal issues but also contribute to a well-functioning, harmonious practice. Keep these top five actions in mind, and you’ll be on the right track for long-term success.
For more information on this article please call the ADA HR Advisory Service on 1300 232 462.
