Employment Resources
Dispute Resolution
Registrars are employees, and like any employer/ employee relationship, conflict can arise that leads to disputes.
GPRA and GPSA encourage early and open dialogue between the parties, in the hope that disputes can be resolved to the satisfaction of both parties. A new section has been added to the NTCER Agreement v2024-01 to address the dispute resolution process for practices and registrars.
WHAT TYPES OF DISPUTES ARE COVERED BY CLAUSE 18 OF THE NTCER?
If a dispute arises that cannot be resolved internally, or through the various channels GPSA has created for our members such as online FAQs and other resources, peer discussions on the Community platform, or contacting us directly with a question, clause 18 of the NTCER sets out the dispute resolution procedure that needs to be followed.
This procedure is available for disputes over terms and conditions covered by the following sections of the NTCER:
6 Leave Entitlements
6.1 Annual Leave
6.2 Annual Leave taken in advance of accrual
6.3 Payment for Annual Leave
6.4 Personal/Carers Leave
6.5 Personal/Carer’s Leave taken in advance of accrual
6.6 Payment of Personal/Carer’s Leave
6.7 Compassionate Leave
6.8 Parental Leave
6.9 Study/Exam Leave
6.10 Public Holidays
6.11 Family and Domestic Violence Leave
10.3 Ordinary Hours of work
10.4 Ordinary hours for full-time registrars
10.5 Ordinary span of hours
10.8 Ordinary hours for part-time registrars
10.9 Additional Ordinary Hours of Work
10 Basis of Employment
20 Termination
Schedule A – Remuneration (AGPT).
WHAT DO WE DO IF THERE IS A DISPUTE BETWEEN THE REGISTRAR AND THE TRAINING PRACTICE THAT CANNOT BE RESOLVED INTERNALLY?
If the registrar and their supervisor cannot resolve the issue, other members of the practice team such as the practice manager should be involved. If you still cannot reach a resolution, and the issue relates to one of the above clauses, the registrar should be directed to contact GPRA while the practice / supervisor contacts GPSA for assistance with the issue(s).
In the meantime, all parties should use best endeavours to continue working in harmony in order to maximise the registrar’s training outcomes and their patients’ health outcomes.
I HAVE ALWAYS RECEIVED REALLY GOOD ADVICE WHEN I CONTACT THE GPSA STAFF. CAN I STILL CONTACT THEM FOR HELP OR DO WE HAVE TO FOLLOW THIS FORMAL PROCESS?
The services that have previously been provided are still available. Referring to FAQ’s, taking the opportunity to discuss your issue with experienced practice managers and other GPSA staff, and raising your question in the GPSA Community Practice Manager group are all resources that should be utilised BEFORE a formal dispute resolution process is undertaken.
The formal dispute resolution process is available for the unlikely situation where all general options have been exhausted.
WE CANNOT REACH A RESOLUTION INTERNALLY, AND IT IS CAUSING PROBLEMS IN THE REGISTRAR’S RELATIONSHIP WITH THE SUPERVISOR. CAN WE ASK THE REGISTRAR NOT TO COME IN UNTIL THIS IS RESOLVED?
You must not stand a registrar down for raising a concern or presenting their interpretation of an entitlement.
Clause 18.2 of the NTCER requires both parties to continue to work in an appropriate and professional manner whilst the dispute resolution process is undertaken.
CAN WE HAVE SOMEONE REPRESENT US AT THE INTERNAL DISCUSSIONS?
All parties to a dispute may be represented in any discussion or formal process under this clause by a person, organisation or association of their choice including but not limited to GPRA, GPSA, their Registrar Liaison Officer (RLO) or their Supervisor Liaison Officer (SLO).
We suggest that informal attempts are made to resolve the dispute prior to asking others to formally be involved.
HOW DO I FIND OUT WHO THE RLO/SLO IS?
The supervisor and registrar can log into the TMS for contact details for their respective liaison officers.
WHAT IF WE HAVE FOLLOWED ALL THE STEPS, INCLUDING ESCALATING THE ISSUE TO INVOLVE GPRA AND GPSA, AND WE STILL CANNOT REACH AGREEMENT?
If a resolution is not reached after following the steps included in clauses 18.3 and 18.4, either party to the dispute or, if permission is provided, their representative may refer the matter to the Fair Work Commission (FWC).
At this stage, the FWC will take over the conciliation process and both parties are bound by any decision made.
EXAMPLES OF USING THE DISPUTE RESOLUTION PROCESS UNDER CLAUSE 18?
No formal dispute resolution required:
Scenario
Jenni is a part time (0.5FTE) registrar whose hours of work are Monday x8 hours, Tuesday x6 hours, Wednesday x5 hours = 19 hours/week.
Jenni has aalready taken 1 week (19 hours) of annual leave and has requested to have the next 3 Mondays off work as the balance of her annual leave entitlement.
Jenni’s main supervisor has passed this request to Felix, the practice manager, as he handles the appointment books.
Felix advises Jenni that she is not entitled to 3 Mondays off.
Issue
Jenni believes that she is entitled to 3 days off as she works a 3-day roster.
Felix considers Jenni’s request to exceed her annual leave balance as her standard Monday roster is for 8 hours, so 3 full Mondays off would amount to 24 hours onstead of the 19 hours she has available.
Following the NTCER procedure
Before entering into a formal dispute resolution process, Jenni is advised to contact GPRA for clarification of her entitlements. The practice manager contacts GPSA to confirm their understanding is correct.
GPRA informs Jenni that she is entitled to 19 hours annual leave only. As this information has come from the peak body representing registrars, Jenni accepts their response.
Outcome
Jenni and the practice do not need to pursue a formal dispute resolution process. Felix and Jenni agree that Jenni will take 2 full Mondays for annual leave (totalling 16 hours) and come in 3 hours later than her normal starting time on the 3rd Monday.
Both parties are happy with the outcome. As Jenni and the practice maintained their professionalism whilst independent advice was being obtained, the working relationship has not deteriorated. Win/win.
Formal dispute resolution required:
Scenario
Tuan is a GPT4 registrar. He has undertaken the majority of his training on a part-time basis and has been placed at a total of 6 practices, including the one he is currently with (on a full-time basis).
Tuan and the practice principal, Ash, have both indicated that there may be an opportunity for Tuan to stay at the practice once he has Fellowed.
The practice typically shuts down over the Christmas period, and this year plans to shut from COB on Friday 20 December and re-open on Monday 6 January. As the business will be closed, Tuan has been told that he will be required to take annual leave over this time.
Issue
Tuan requests 3 days annual leave in January. This is denied as he had 2 weeks off over Christmas – the full entitlement for a 6 month placement. Tuan disputes this as 3 of the days were Public Holidays.
Both Tuan and Ash make further enquiries and, despite being advised that Tuan is entitled to 3 additional days, the practice continues to refuse his annual leave, stating that they have never paid any other staff for Public Holidays during a shut-down period and they are not going to start now.
Following the NTCER procedure
As the employer and Tuan cannot come to an agreement, the formal dispute resolution process is invoked.
Ash rejects the advice provided by GPSA and the matter is escalated to the Fair Work Commission – where Tuan is awarded the 3 days of annual leave owing to him, and the employer is fined for repeatedly failing to meet their obligations under the Fair Work Act 2009 (FWA) not only with respect to Tuan’s entitlements, but also that of their other employees.
Outcome
The escalation of Tuan’s dispute has impacted both on Tuan’s training outcomes and his relationship with the practice.
The practice bears all the obligations of an employer under the FWA and must keep informed of their responsibilities at all times. A number of online modules are available on the Fair Work website along with tempates and guides to support best practice eployment.
While GPSA and GPRA provide answers to frequently asked questions specifically about the employment of registrars, and interpret the NTCER to ensure compliance with this industrial instrument, practices are advised to seek legal advice about any employment-related issues about wich they are uncertain.
WHAT DO WE DO IF THE ISSUE IS OUTSIDE THE NES?
Clause 19.3 of the NTCER sets out the steps that should be taken to resolve a dispute concerning issues outside the NES.
Note that all efforts must be made by both parties to resolve issues prior to undertaking this formal dispute resolution clause.
WHAT IS AN EXAMPLE OF A DISPUTE THAT FALLS UNDER SECTION 19?
Sammy, a CGT1 RG registrar, has been arguing with the practice because Sammy wants to change consulting rooms as they find the room they have been allocated to have less than adequate equipment.
The practice maintains that the equipment is older but in perfectly functional working order and refuses Sammy’s request.
The dispute cannot be resolved within the practice as both parties are adamant they are correct.
They do however agree to try and find a resolution following the process set down in the NTCER.
Step 1 – Sammy speaks to GPRA about their issue; the practice manager discusses the matter with GPSA
Step 2 – GPRA and GPSA prepare a brief report based on their respective discussions
Step 3 – The reports are exchanged between GPRA, GPSA, and the relevant RLO and SLO
Step 4 – GPSA and GPRA set up an online meeting with Sammy, the supervisor and practice manager as well as the RLO and SLO
Step 5 – GPSA and GPRA liaise to objectively look at both parties’ interests
Step 6 – After consultation, GPSA and GPRA prepare recommendations to resolve the dispute
Step 7 – The recommendation to update some of the equipment that has in fact been having issues is agreed to by the practice and Sammy is happy to return to their allocated room for the remainder of their training term.
If the dispute had not been resolved, the next step would have been to take the matter to the training provider or relevant agency and then written advice following these meetings would be forwarded to the practice and to Sammy.
Date reviewed: 16 September 2024