Practices
Registrar Employment under the NTCER
How familiar are you with your responsibilities as an employer?
Are you aware of the Fair Work Act 2009 (Cth) and the obligations enshrined in the National Employment Standards (NES) for your employees?
The GPs-in-Training you engage under the National Terms and Conditions for the Employment of Registrars (NTCER) enter into a legal relationship with you which – apart from a few key points of difference – is virtually the same as the employment relationship you have with your reception team and practice nurse.
The Fair Work website offers a wide range of tools and resources, training modules and templates to assist you with your current obligations as an employer in Australia’s frequently-changing industrial relations environment.
Assuming you already have systems in place to manage the below employment requirements for your other employees, our Employment FAQs focus specifically on your responsibilities as the employer of a registrar in compliance with the NTCER.
ADMINISTRATION TIME - What is this?
Clause 9.3 of the NTCER outlines the protected time registrars are given throughout their working day to complete their administration without extending their day beyond the hours for which they are rostered.
The practice will accommodate administration time of 0.5 hours per half-day session, to a maximum of 5 hours per week, in the registrar’s roster. This is intended to enable the completion of administration within scheduled rostering and, in doing so, address work/life balance, fatigue management and registrar safety.
This administration time cannot be accumulated and used at other times by the registrar, nor should it be used to extend a lunch break for purposes other than administration.
This administration time can, however, be used flexibly for personal study on a day-to-day basis if administration is complete. The registrar is not to use administration time to leave the practice before the conclusion of their rostered shift without obtaining written permission from management.
Examples of how administration time can be included in the registrar’s roster include:
a)15 minutes at the beginning of the session and 15 minutes during the session marked off for administration; or
b)30 minutes at the end of the session marked off for administration.
For more information, see the Administration Time section in the Training Requirements FAQs.
EDUCATIONAL RELEASE - What is it and how does it work?
Educational release forms part of the AGPT registrar’s ordinary hours. This form of remuneration is designed to facilitate the registrar’s attendance of out-of-practice educational sessions deemed “mandatory” by their training provider.
Clause 9.2 of the NTCER explains educational release and how this is applied across a number of training variations outside the ‘typical’ full-time registrar working an even spread of 38 hours across a standard 5-day week:
a) Registrars will not be paid for educational release if it occurs on a weekend or after hours, noting “after hours” refers to all time outside the ordinary hours defined by the MBS as 8am-8pm Monday-Friday and 8am-1pm Saturday.
b) Educational release forms part of the AGPT registrar’s ordinary pay; as such it is not an allowance accrued or paid on top of the total hours for which the registrar is contracted by the practice.
c) Educational release is not an allowance that practices should seek to avoid by changing the registrar’s standard roster around the training provider’s schedule of educational sessions.
d) Before agreeing to the standard roster to be worked in the training practice, the registrar must confirm the schedule of educational sessions for the corresponding training semester with the relevant training provider and advise the training practice of these dates; where the training provider has not confirmed these dates before the registrar’s standard roster needs to be set, the registrar must advise the practice in writing as soon as these dates are known so that any adjustments can be made immediately to rosters and/or employment documentation
e) Registrars employed in a part-time capacity must note that, while encouraged to complete the full-time educational load by their training provider, the training practice is under no obligation to pay them to attend, or accommodate their attendance of, more than the number of hours of out-of-practice education that corresponds with the FTE fraction agreed to in their employment contract.
f) Training practices receive pro-rata support under the National Consistent Payment framework (NCP) for their AGPT registrar’s attendance of these sessions; training practices should note that it is unlikely that any increase in a part-time registrar’s contracted hours after the commencement of the training semester will alter the amount of support the practice would receive under the NCP for any increased attendance of educational sessions.
g) If the registrar is required to attend a session during ordinary hours as defined above at (a) but this day is not on their usual roster, the training practice will grant them educational release as paid time out of the practice on the previous or next rostered day, using the calculations described below at (k) and (l).
h) Where a part-time registrar is splitting their training across 2 training practices, they must use their best endeavours to ensure the burden of educational release is shared equitably between both employers and not claim an unfair amount of time out of the practice from either.
i) Where a registrar works an irregular pattern of hours on their usual roster, the educational release granted for their absence will not exceed the average of the hours they would otherwise work on the previous or next rostered day.
j) Attendance at the training provider’s educational sessions in the registrar’s standard rostered hours must be paid at the base hourly rate.
k) Where the registrar is required to attend a session for 4 hours or less within the registrar’s normal roster, this will be treated as the greater of 4 hours or a half-day against the hours the registrar would otherwise work in the training practice on that day. For part-time registrars, this applies until the total number of pro-rata hours of educational release under their employment contract has been exhausted.
l) Where the registrar is required to attend a full-day training provider orientation or educational session of more than 4 hours,
a. the full-time registrar is entitled to be absent from the practice for the entire day and be paid the total number of hours they would otherwise have worked in the practice that day up to the average daily hours across a 38-hour 5-day week.
b. the part-time registrar is entitled to be absent from the practice for the entire day and be paid the total number of hours they would otherwise have worked in the practice that day until the total number of pro-rata hours of educational release under their employment contract have been exhausted.
m) Practices will grant full-time registrars who work 38 hours over 4 days and attend an educational release on the 5th day in a normal working week educational release hours using the calculations described above at (k) and (l) on the day immediately preceding or day immediately following the educational release day in order to comply with clause 16.2 Fatigue Management. As this is intended to address fatigue management, these hours cannot be accumulated and used at other times.
For more information, see the Educational Release section in the Training Requirements FAQs.
HOW DOES THE TRAINING CONTEXT SHAPE THE WAY WE EMPLOY REGISTRARS VERSUS OTHER EMPLOYEES?
Clause 5 of the NTCER refers to the statutory obligations that standardly apply to employment arrangements under the Fair Work Act 2009, noting that specific National Employment Standards (NES) provisions do not apply to the employment of GP registrars, the most significant being the NES requirements around
- notice periods for the termination of employment (not relevant given the end of the contract is determined by the 6-month training semester aligned with the validity of their Medicare Provider Number (MPN)) and
- paid parental leave
Fixed term contracts are treated differently to ongoing employment contracts under the Fair Work Act 2009 and have specific requirements for the employer:
“…employment of registrars under GP specialist training programs falls under the definition of fixed term employment, which differs from permanent employment and invalidates certain NES entitlements. In addition to the Fair Work Information Statement, the Fixed Term Contract Information Statement must be provided to the registrar with their employment documentation.”
LEAVE ENTITLEMENTS - What are the specific considerations for registrar leave?
Under clause 6 of the NTCER, registrars and practices have mutual responsibilities when it comes to managing registrar leave:
- Registrar to check any impact on training of timing / duration of leave
- Registrar to check impact of leave on ongoing validity of MPN
- Registrar to minimise impact on patient care and practice stability
- Training practice must not ‘unreasonably’ refuse any leave applications including unpaid leave
- Training practice has ultimate right to accept or refuse leave applications
“All parties – training practice, employer (where this may be an entity other than the training practice), supervisor, supervision team and registrar – must work together to minimise any compromise to, or disruption of, patient care, and ensure operational stability of the training practice can be sustained through the registrar’s requested absence.“
NOTE:
Due to the need to change employers throughout the training program, registrars are able to access leave entitlements prior to it accruing. This means that registrars can apply for and take paid leave as soon as they start their placement (subject to approval by the training practice).
Detailed FAQs relating to Leave Entitlements can be found here.
ORDINARY HOURS OF WORK - What do we need to know for part-time registrars vs full-time registrars?
Clause 10.3 of the NTCER defines ordinary hours of work for registrars as:
- the time between commencing and finishing work each day
- not including on-call time and meal breaks
- needing to be in blocks no shorter than 3 hours and no longer than 12 hours.
PART-TIME REGISTRARS
If the registrar is employed on a part-time basis, all the conditions in the NTCER Agreement apply on a pro-rata basis.
Clause 10.8 of the NTCER sets out specific reminders:
Reminder for the registrar
- The hours negotiated for a part-time contract must comply with the training provider’s requirements in terms of educational release and teaching time.
Reminder for the practice
- Supervisor availability for the hours requested by the part-time registrar must be confirmed before agreeing to registrar’s standard roster, especially with respect to protected teaching time
FULL-TIME REGISTRARS
Clause 10.4 of the NTCER clarifies the maximum number of hours a full-time registrar can work in the practice as no more than 76 hours per fortnight.
This distinction:
- complies with fatigue management policy
- allows for a maximum of 1 x 5.5-day roster per fortnight (with make-up time in lieu in the same 2-week period)
OVERTIME vs ADDITIONAL ORDINARY HOURS - What do we need to know?
Clause 10.9 of the NTCER refers to “Additional Ordinary Hours” that the registrar may agree to work through negotiation with the practice:
Where this is done during the ordinary span of hours it shall be paid at the registrar’s ordinary hourly rate.
a) Registrars may decline employer requests to work additional ordinary hours without penalty or disadvantage. It is noted additional ordinary hours are different to special circumstances as outlined in clause 16.1 Workload.
b) All ordinary hours including those additionally worked by the registrar, whether part-time or full-time, are treated as “ordinary hours” for the purposes of leave accrual.
Note in particular 10.9(b), which differs from overtime.
Overtime is not included in leave accrual and is instead paid either as time off in lieu at the registrar’s ordinary rate or 1.5 times the base hourly rate for the ours worked.
PAID LEAVE - How much are registrars entitled to?
As employees, registrars are entitled to the same paid leave as other employees under the National Employment Standards (‘NES’). This is:
- Annual leave – 4 weeks per year (2 weeks per 6-month fixed term), pro-rated for part-time registrars
- Personal leave – 2 weeks per year (1 week per 6-month fixed term), pro-rated for part-time registrars
- Compassionate leave – 2 days (for full details, see: https://www.fairwork.gov.au/leave/compassionate-and-bereavement-leave#amount-of-compassionate-leave)
- Parental Leave – not applicable under the current training model. Information about government-funded paid parental leave is available at https://www.servicesaustralia.gov.au/
- Study Leave – not paid, but available as unpaid leave by negotiation and with consideration of implications on training time and progress through the program.
- Family and Domestic Violence Leave – 10 days in a 12-month period, not pro-rated for part-time registrars (ie: same amount of time available whether for full-time or part-time registrars). Full details available at https://www.fairwork.gov.au/tools-and-resources/fact-sheets/minimum-workplace-entitlements/personal-leave-and-compassionate-leave#family-and-domestic-violence-leave.
For more information, see the Registrar Leave Entitlements FAQs.
PAY RATE INCREASES - What if any increases will apply to the registrar's base rate through the year ahead?
The minimum base rates of pay outlined in the NTCER are reviewed at the beginning of each financial year and adjusted in line with the most recent indexation of the MBS, level 23 consultation item.
Clause 11.1 of the NTCER deals with Indexation:
New base rates of pay take effect in the next full pay period immediately following 1st July.
As a result of the 2024 NTCER review, 2 consecutive increases of 3.5% were agreed upon for the base rate payable to GPT1/CGT1 registrars on the AGPT pathway.
- The first of these has been incorporated in the GPT1/CGT1 base rate for Semester 1 of 2025 in Schedule A – Remuneration (AGPT).
- The second will be applied in Semester 1 of 2026 according to the calculation outlined under “Formula for adjusting base rate of pay for GPT1/CGT1 registrars in 2026.1” in that Schedule.
PAYROLL - What's different about the registrar's remuneration?
Under the NTCER, registrars have two (2) regular forms of remuneration:
- Base rate, calculated hourly and paid at least once every 2 weeks, and
- A percentage of either the billings or receipted income (“receipts”) attributed to their clinical work, calculated and paid at least once every month* as the difference between (a) the agreed percentage of the total billings/ receipts and (b) the base salary payable for the same period: noting that, if paying billings monthly rather than 4-weekly and base salary fortnightly, this calculation will inevitably involve the base rate for days of the month that fall into an upcoming fortnightly salary cycle (i.e. for days already worked in the month, but not due to be paid until the next fortnight’s pay).
Additional information is outlined in the NTCER’s Schedule A – Remuneration (AGPT).
* Until the end of Semester 2 in 2024 (2024.1), the minimum billing cycle under the NTCER is 13-weekly.
On our Registrar Remuneration page, you can download the current Registrar Earnings Calculator valid for 2024.2 and test the impact of different variables including MBS percentage and frequency of calculations by inputting a sample set of billings / receipts where indicated.
Ahead of the commencement of 2025.1, a new calculator will be added to that webpage with the new option of the monthly billing cycle.
PAYROLL TAX - Is this payable on registrar wages?
Yes. As GP registrars on the AGPT program are practice employees under the NTCER, their wages are typically included in the calculation of payroll tax for the practice.
Payroll tax is a state-based tax which varies between jurisdictions. Practices should speak with their accountant or lawyer to determine their individual payroll tax obligations.
PRACTICE ORIENTATION - Are there special requirements for registrars?
Yes. The AGPT program requires the registrar to attend an orientation at the training practice as soon as possible after commencing their employment.
Clause 9.4 of the NTCER serves as a reminder for practices to include their orientation to the practice under the registrar’s paid hours, ideally on their agreed roster:
The practice will schedule the orientation during the registrar’s ordinary hours and pay the registrar for their attendance at their base rate of pay.
a) If the registrar is directed to attend a day of orientation at the practice before the commencement of their employment, the practice will pay them the total number of hours at the contracted base rate of pay.
b) If the registrar is directed to attend a day of orientation at the practice on a day not on their agreed roster, the practice will pay them the total number of hours at the contracted base rate of pay and give them the next rostered day off in lieu.
For more information, see the Orientation section in the Training Requirements FAQs.
STUDY LEAVE - Is the registrar entitled to this as part of their employment?
There is no provision for study leave in the NTCER. Any request for study leave should be negotiated between the registrar and the training practice. The registrar should be aware that taking study leave may impact their completion of training and should be discussed with the relevant College.
For more information, see the Registrar Leave Entitlements FAQs.
SUPERANNUATION - Do I need to know anything specific for registrars?
Under clause 7 of the NTCER, in compliance with the Superannuation Guarantee (Administration) Act 1992, when referring to or negotiating the percentage of billings/ receipts with your registrar, superannuation must not be included but added on top of the percentage amount.
Other superannuation information included in the NTCER is equally relevant to your other employees in the practice:
- Current rate to 30/06/2025 = 11.5%
- Rate from 01/07/2025 = 12%
- Until 30/06/2026, Superannuation Guaranteed (SG) contributions must be paid into the employee’s nominated super fund at least every 3 months; from 01/07/2026, SG contributions must be paid with salary and wages.
Additional information is available in the Registrar Remuneration FAQs.
Date reviewed: 17 September 2024