Transcript Tips and Tricks for Supervisors

National Terms & Conditions for the
Employment of Registrars
Presenters
Dr Steve Holmes
is the Deputy Chair of GP Supervisors Australia and was the GPSA Lead throughout the
National Terms and Conditions for the Employment of Registrars (NTCER) 2015/16
negotiation process.
Steve is a senior rural GP/Obstetrician with a passion for teaching registrars and medical
students.
Steve has a long history of advocacy for rural general practice through positions with a
number of professional bodies, including the ACRRM, RDASA and Australian Medical
Association (AMA).
Dr David Chessor
David is the immediate past Chair of General Practice Registrars Australia and a new fellow of the
RACGP. Despite his best efforts, he ended up doing quite a bit of the negotiating for GPRA during
the latest Terms and Conditions update.
David started as a peer advocate as an RLO with North Coast GP Training, and has worked in both
mainstream general practices and a large Aboriginal community controlled health service.
He now works at a large teaching practice in Port Macquarie. He spends quite a bit of his time
teaching - medical students as a Conjoint Senior Lecturer with UNSW, and registrars as a medical
educator with North Coast GP Training. He is also starting to provide registrar supervision in
practice and may even join GPSA one day.
About GPSA
GPSA is the national representative body that unites GP Supervisors by promoting
recognition for supervision work through open and accountable advocacy
“We are the voice of GP Supervision making the next generation of family doctors”
“We want to make GP Supervision rewarding, respected and recognised”
“We are working to recruit and retain quality supervisors”
- Lobby and work with relevant health sector policy makers and representatives
- Work with and listen to our members and support members
- Negotiate the National Terms and Conditions between Supervisors and Registrars on
behalf of Supervisors
• General Practice Registrars Australia (GPRA) is the peak
voice for the next generation of general practitioners.
• We promote excellence in education and training and
ensure that general practice is the medical specialty of
choice.
• Advocate for registrars on educational and policy issues in
general practice.
• Producing resources that enhance the registrars’ training
and employment experience.
• Supporting our networks: GPSN, GPN, IGPRN.
• Oh, and Negotiating the National Terms and Conditions for
the Employment of Registrars with GPSA.
What we will cover
• An overview of what the NTCER is
• History of the National Terms and Conditions
• The NTCER’s legal standing
• The negotiation process
• The key changes and why they are important
• How to make the best decisions when finalizing the contract
• Issues that some find tricky
• Resources for your assistance
NTCER – Supporting a sustainable future for GP Training
An overview of the NTCER
NTCER Overview
• Previously called the National Minimum Terms
and Conditions (NMTC) – now National Terms
and Conditions for the Employment of
Registrars (NTCER)
• Goodwill document between GPSA and GPRA
• Aims to outline the terms and conditions for
employment of GP Registrars in a general
practice setting.
NTCER Overview
• Previously called the National Minimum Terms and Conditions (NMTC) –
now National Terms and Conditions for the Employment of Registrars
(NTCER)
• Goodwill document between GPSA and GPRA
• Aims to outline the terms and conditions for employment of GP Registrars
in a general practice setting only.
• There are some important exclusions:• Registrars working in community controlled organisations
• ADF Registrars
• Registrars completing a remediation term
NTCER – Supporting a sustainable future for GP Training
History
History
•
NTCER negotiated by GPRA and GPSA (NGPSA)
since 2002 after the formation of GPET
•
Renegotiated every 2 years
•
Traditionally adversarial and akin to EBA negotiations
•
Our 2014 negotiations were quite different and began with shared set of
principles
•
Significant change in the landscape in this time in terms of registrar supply
and demand.
•
The document aims to support the most vulnerable parties – both on the
registrar and supervisor sides
NTCER – Supporting a sustainable future for GP Training
Legal Standing
Legal standing
•
•
•
•
•
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Almost all doctors in training are covered by the Medical Officers Award 2010
However, this does not apply to GP Registrars
The NTCER is a goodwill document with no prima facie legal standing of its
own
This does not mean it is without value or enforceability though
All employees are covered by the Fair Work Act and the National Employment
Standards
Additional weight is given to the NTCER by virtue of it’s standing in the AGPT
system
– DoH (formerly GPET) endorses the document
– In order to remain accredited as training providers, RTPs need to ensure
that their training practices abide by the NTCER
NTCER – Supporting a sustainable future for GP Training
The Negotiation Process
Negotiations Began
Brisbane, Friday 13 June 2014
•
Two yearly
•
Three members of each organisation plus admin support as necessary
•
GPSA & GPRA Member Surveys informed starting positions
•
This time around as mentioned was a little different, and we focused on a document that
provided fairness and equity for both parties, and sustainability particularly in the context of a
changing training environment
•
A combination of face to face and web conferenced meeting, over 10 in 5 months
•
Significant improvements for registrars and supervisors
•
Overall a more balanced Agreement
NTCER – Supporting a sustainable future for GP Training
Stakeholder Surveys
• GPSA survey responses used as a guide for negotiating
best possible outcomes for Supervisors
• GPRA surveys used to inform what the current reality for
registrar remuneration was and the gains sought
NTCER – Supporting a sustainable future for GP Training
Third Party Model of the GP Training
World
NTCER – Supporting a sustainable future for GP Training
Negotiation
•
PERCENTAGES
•
REGISTRAR HOUSING
•
GPT 3-4 INCLUSION IN NTCER
•
The word “MINIMUM”
•
RECEIPTS vs BILLINGS
•
RESTRICTIVE COVENANTS
•
UNPAID STUDY LEAVE
•
EDUCATIONAL RELEASE DAYS
•
ANNUAL LEAVE
•
BIPARTISAN ARBITRATION /
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NTCER – Supporting a
sustainable future for GP
PAYMENT FREQUENCY
Training
DISPUTE RESOLUTION
SUPER – FIXED PERCENTAGE
•
INCREASED REGISTRAR
OBLIGATIONS
AFTER HOURS
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OTHER ISSUES
Key Changes in the 2015-16 NTCER
(and also some things that haven’t changed!)
Percentages
•
Base percentages have NOT changed in the 2015-16 NTCER
•
A 2014 GPRA survey found 80% of practices appear to be paying above
the percentages in the National Terms and Conditions.
•
If a practice finds having a registrar is financially difficult then the practice
should consider whether they can afford to be paying more than base
45%+ super
NTCER – Supporting a sustainable future for GP Training
GPT 3-4 Inclusion in NTCER
•
This is the single biggest change in the document for 2015/16
•
Both GPRA and GPSA are confident in the advice that they have received
from multiple sources that GP registrars at all stages of training MUST be
employees according to the ATO
•
After significant negotiation the base wage is increased from GPT2’s
$89,226 to $95,295
•
The base percentage remains at 44.79%+super
NTCER – Supporting a sustainable future for GP Training
NTCER – Supporting a sustainable future for GP Training
Receipts vs Billings
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Another major change in the 2015/16 agreement
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Practices can pay on RECEIPTS
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Optional – by negotiation
•
Receipts owing are to be calculated and given to registrars at the time of leaving a
practice.
•
Outstanding receipts paid at 13 and 26 weeks – no obligation to chase past this
•
SIPs are subject to percentage sharing (some registrars bank directly)
•
This is more fair for all, and easier to administer for practices
•
Insures the practice against bad debt better
•
Brings registrar’s conditions in line with what they can expect once fellowed (billings – when registrar
leaves and money does not come in – they do not pay back the money)
NTCER – Supporting a sustainable future for GP Training
Unpaid Study Leave
•
This has stayed the SAME – no automatic entitlement to study leave
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It is very common for registrars to take unpaid study leave in addition to annual leave
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This may be to attend a course, or take some time to study for exams
•
This has never been mandated by the NTCER and remains an optional thing to be
negotiated by individual practices and registrars. It is only by mutual agreement.
•
The practice needs to consider the opportunity cost of having a room empty, and the lack
of workforce
•
The registrar needs to consider their learning needs, but also importantly college
requirements on training time
NTCER – Supporting a sustainable future for GP Training
Annual Leave
• ANNUAL LEAVE should be taken in GPT TERM
• If not pay out at end 6/12 – then unpaid in next GP term
NTCER – Supporting a sustainable future for GP Training
Super
Fixed Percentage
INCLUSIVE OF SUPER
•Percentage explained 44.79% of total receipts
•PLUS calculate Super on this amount at 9.5% = approx. 49.05%
•eg Billings from quarter $15,000.
•44.79% = $6718.50
•9.5% 0f $6718.50 = $638.26 paid to nominated super fund
•Will remain the same as per last agreement
NTCER – Supporting a sustainable future for GP Training
Percentage Payment Cycle Frequency
Pay Percentage 3 Monthly
• Stays at 13 weekly
• Can negotiate down to shorter periods
• But financial downsides for practice
NTCER – Supporting a sustainable future for GP Training
After Hours
• Another change for 2015-16
• Same percentages as for ordinary hours (i.e. 44.79% +
super)
• In line with most common conditions once fellowship is
achieved
NTCER – Supporting a sustainable future for GP Training
Registrar Housing
• Changed for 2015-16
• Rural practices no longer have financial liability or other
requirement regarding registrar accommodation.
• Both GPRA and GPSA don’t see this as an employment
issue
• Training providers may still have rules or requirements
about this
NTCER – Supporting a sustainable future for GP Training
A new spirit for the document
•
A statement of goodwill is now in the preamble
•
Many of the phrases with ‘minimum’ have been removed from the
2015/16 document.
•
This is not because you can now employ registrar with lesser conditions
than in the document.
•
However, it was important to address what was arguably becoming an
assumption from registrars that they could automatically negotiate up –
both parties recognise that many practices can’t afford this.
NTCER – Supporting a sustainable future for GP Training
Educational Release Days
• Registrars still need to be paid while they are at RTP
educational release during normal work hours.
• However, practices are not obliged to pay registrars
who are at a release when they wouldn’t normally be at
work (e.g. weekends/after hours)
• Part time not paid if release on a day not normally
worked
NTCER – Supporting a sustainable future for GP Training
Bi Partisan Arbitration/ Dispute Resolution
• WORKED EXAMPLES
• Most common problems and disputes will be used to
create a book of “learning” between the organisations.
• Principles will be developed, reviewed and agreed by
GPRA and GPSA negotiating committees.
NTCER – Supporting a sustainable future for GP Training
Contract Templates
• GPRA and GPSA both have contract templates available on their websites
to help practices and registrars develop an equitable contract for both
parties than adheres to the principles in the NTCER
• You can find them at
• http://gpsupervisorsaustralia.org.au/employment-contract-template-faqs/
• http://gpra.org.au/employment-agreement-template/
NTCER – Supporting a sustainable future for GP Training
FAQs and Enquiries Email
• Frequently Asked Questions page on GPSA website – search
from next week
• All NTCER-related GPRA resources are available at
http://gpra.org.au/national-terms-and-conditions-for-theemployment-of-registrars/
• Simple questions: [email protected]
or [email protected]
NTCER – Supporting a sustainable future for GP Training
Legal Advice
•
If you have a tricky question on industrial or other legal matters, GPSA members
can gain access to 15 minutes free legal advice from Piper Alderman.
•
Please seek enquiry code first from [email protected]
Piper Alderman is consistently ranked as one of Australia’s leading law firms and
recognized as an outstanding legal services provider.
NTCER – Supporting a sustainable future for GP Training
Case Studies
NTCER – Supporting a sustainable future for GP Training