2009 National Minimum Terms & Conditions for GP Term 1 & GP Term 2 Registrars

The New 2009 National Minimum Terms & Conditions Document is now available for Registrars, Supervisors and RTPs.

If you have already signed an employment contract for 2009 you need to contact your supervisor to make this amendment.

SUMMARY OF CHANGES

The NMT&C has been reviewed by GPRA and NGPSA and signed off for the commencement of the 2009 training year. The following information is provided with a view to explaining the changes to registrars.

Base salaries
The following minimum salaries will apply to the 2009 training year.

NB. 9% superannuation is applied on top of these amounts

Work Choices legislation – impact on GP registrars as employees

The following information is taken from www.workchoices.gov.au, and is consistent with advice given by the AMA, namely that the sick leave provisions in the current NMT&C are not consistent with the minimum entitlement in the Australian Fair Pay and Conditions

Standard. The main differences are:

• Sick leave is now referred to as personal/carer’s leave (defined below). This makes clear what has been happening in practice, ie that registrars can use this leave for illness of family members as well.
• The minimum personal/carer’s leave entitlements under the AFPCS is 10 days.
• The AFPCS makes provision for a further 2 days of unpaid carer’s leave per episode once all paid personal/carer’s leave entitlements are used.
• The AFPC makes provision for two days paid compassionate leave per episode (defined below)

In summary:

NMT&C 2006 provided for 7.6 hours paid sick leave per 30 days work, ie. 6 standard days leave per 6 month term.
NMT&C 2009 now provides for 5 days paid personal/carer’s leave per 6 month term, 2 days of unpaid carer’s leave per episode and 2 days paid compassionate leave per episode.

Pay cycles
As you are aware, GPRA’s position is that the length of the pay cycle for the purposes of percentage billings calculations should be reduced from the current 3 months. This was a major sticking point at the previous negotiations and we were unable to pursue this again successfully in this round without threatening to drag out the process again.

GPRA’s position is unchanged, and we encourage registrars to negotiate on this issue with their supervisors. We also encourage RLOs to represent this issue with their RTP, noting that there is precedent for at least two RTPs to stipulate that practices must pay their registrars over a 2 weekly cycle.

Summary information regarding Work-Choices legislation
For further information see www.workchoices.gov.au, Fact sheets for employees

Employees covered by the Australian Fair Pay and Conditions Standard
The Standard will apply to all employees who are employed by:

• trading, financial and foreign corporations (constitutional corporations);
• employers in the Australian Capital Territory, the Northern Territory and Christmas and Cocos (Keeling) Islands;
• the Commonwealth, including its authorities;
• employers who employ waterside, maritime and flight crew employees (and their employees) in connection with interstate, overseas, inter-territory or state-territory trade and commerce; and
• employers in Victoria.

Employees who are not eligible to be covered by WorkChoices including employees of unincorporated businesses, some state government employers, sole traders and partnerships (apart from those in Victoria and the territories), will be covered by relevant state laws.

The Standard overrides an agreement or contract of employment if the agreement or contract of employment provides less favourable entitlements to an employee.

The minimum conditions of employment are:

• a maximum of 38 ordinary hours of work per week;
• four weeks of paid annual leave (with an additional week for shift workers);
• ten days of paid personal/carer’s leave (including sick leave and carer’s leave), with provision for an additional two days of unpaid carer’s leave per occasion and an additional two days of paid compassionate leave per occasion; and
• 52 weeks of unpaid parental leave (including maternity, paternity and adoption leave).

Under WorkChoices eligible employees are entitled to:

• ten days of paid personal/carer’s leave per year (including sick leave and
  carer’s leave);
• two days of unpaid carer’s leave per occasion; and
• two days of paid compassionate leave per occasion.

Paid personal/carer’s leave can be taken:

• due to personal illness or injury (sick leave); or
• to provide care or support for a member of the employee’s immediate family or household who requires care or support due to personal illness or injury, or an unexpected emergency (carer’s leave).

Up to ten days of paid personal/carer’s leave in any given year can be used as carer’s leave and personal/carer’s leave is cumulative.

Full-time and part-time employees are only eligible for unpaid carer’s leave if they do not have any paid personal/carer’s leave credit available.

Compassionate leave

All eligible full-time and part-time employees are entitled to compassionate leave upon the death of a member of the employee’s immediate family or household, or to spend time with a seriously ill, injured or dying person who is a member of the employee’s immediate family or household.

As with paid personal/carer’s leave, an employer can request that an employee provide reasonable evidence of the illness, injury or death.

Immediate family means the employee’s spouse (including de facto spouse,
former spouse, or former de facto spouses), child, parent, grandparent, grandchild or sibling. In addition, immediate family includes the child, parent, grandparent, grandchild or sibling of the employee’s current or former spouse (including de facto spouses).

For enquiries, contact enquiries@gpra.org.au