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FWCFair Work Commission · 29 November 2025

[2025] FWCFB 271

Citation: [2025] FWCFB 271

At a glance

Awards cited
MA000115, MA000027

What happened

The Fair Work Commission (FWC) reviewed classifications in the Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020 (ATSIHW Award) to address potential gender-based undervaluation. This followed an initial decision in April 2025 identifying dental assistants and dental/oral health therapists as undervalued. Following consultations, the Australian Council of Trade Unions, Health Services Union, United Workers’ Union, Australian Services Union, National Aboriginal Community Controlled Health Organisation (NACCHO), and Victorian Aboriginal Community Controlled Health Organisation (VACCHO) reached a consent position. The Commonwealth indicated support for a phased implementation.

What was decided

The FWC finalized the review, agreeing to variations in the ATSIHW Award. Dental assistants will be incorporated into the existing Aboriginal Health Worker classification structure. A new classification structure will be introduced for dental/oral health therapists. Wage increases will be phased in over three stages, starting January 2026, with a retained minimum rate provision for affected employees. The Commission found the variations were necessary to achieve the modern awards objective and consistent with the minimum wages objective. Errors in the award's schedule were also corrected.

What it means for employers

Employers, particularly those in Aboriginal Community Controlled Health Organisations, should be prepared for phased wage increases for dental assistants and oral health therapists. They need to review classification structures and ensure compliance with the revised award. Understanding the distinctions between dental assistant and Aboriginal Health Worker roles is crucial for successful integration.

What it means for employees

Dental assistants and dental/oral health therapists covered by the ATSIHW Award will receive wage increases phased in from January 2026. Dental assistants will transition into the Aboriginal Health Worker classification structure. Employees should be aware of the phasing schedule and retained minimum rates provision.

unfair-dismissalunderpaymentpenalty-ratesgeneral-protectionsmisclassificationmodern-award-variationwage-theft

Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb271.pdf

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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →

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