A reduction in a GP trainee’s working hours or a stand down period has significant ramifications in terms of employment and training, and so there should be close consultation between the GP training practice, registrar and the RTO if such measures are being considered by the training practice.
The NTCER does not describe any specific stand down provisions, so unless there is a specific provision in your individual employment contract, under usual circumstances you cannot be stood down or have your hours reduced just because the business is quiet or there isn’t enough work: https://www.fairwork.gov.au/pay/pay-during-inclement-weather-and-stand-down#what-is-stand-down
However, from 9 April 2020, the Fair Work Act has been temporarily amended (until 28 September 2020) to support the implementation and operation of the JobKeeper wage subsidy scheme.
The new provisions in the Fair Work Act enable employers who qualify for the JobKeeper scheme, and who are entitled to JobKeeper payments for their employees, to give directions called ‘JobKeeper enabling directions’. In certain circumstances, this means that employers can temporarily:
- stand down an employee (including by reducing their hours or days of work)
- change an employee’s usual duties
- change an employee’s location of work.
Obviously in the current extraordinary circumstances, many GP practices are experiencing a (likely temporary) drop in patient’s presenting for face-to-face consults and this is decreasing practice revenues. Hopefully most practices are pivoting to incorporate a telehealth model into their processes, which will help to alleviate this decrease in revenue. GP practices may also be able to take advantage of the new JobKeeper payment provisions to subsidise wages for practice employees, including GP trainees. So if your GP practice does qualify for the JobKeeper scheme, then the new provisions in the Fair Work Act do allow a JobKeeper enabling stand down direction to be given to you.
An employer needs to make sure that such a direction isn’t unreasonable, taking into account all of the circumstances. So for a GP trainee, “all the circumstances” would include the impact of the stand down direction on the registrar’s training and so this implies that discussion with the RTO and registrar about these matters occurs as part of the process. A JobKeeper enabling stand down direction must be in writing, and your practice must:
- notify you in writing at least 3 days before giving the direction (unless you genuinely agrees to a shorter timeframe)
- consult with you about the direction
- keep a written record of the consultation.
If you are subject to a JobKeeper enabling stand down direction to not work on certain days or to work for a reduced number of hours, the practice must pay you either the JobKeeper payment (i.e. $1500 per fortnight, before tax) or your usual pay for any hours that you do work – whichever is more. Also note that your hourly base pay rate, as described in the NTCER, cannot be reduced.
Example
Adapted from examples provided on the fair work webpage
Sam is training as a full time GPT1 and her GP training practice has suffered a significant drop off in patient numbers following the coronavirus outbreak. This is significantly affecting the practice revenue. Sam’s supervisor has discussed this with Sam and her RTO, including the need the reduce Sam’s working hours and the effects this will have on Sam’s training.
Sam’s GP training practice qualifies for the JobKeeper scheme and is entitled to receive JobKeeper payments of $1,500 each fortnight for Sam, paid monthly in arrears by the ATO. Sam’s practice gives her a JobKeeper enabling stand down direction that reduces her ordinary working hours from 76 to 60 hours per fortnight.
As a GPT1, Sam’s base rate of pay is $38.73 per hour, which her employer cannot reduce. But she now only works 60 hours a fortnight and her fortnightly pay has reduced from $2,943.60 ($38.73 per hour multiplied by 76 hours worked in a fortnight) to $2,323.80 ($38.73 per hour multiplied by 60 hours worked in a fortnight).
Sam’s reduced fortnightly pay is still higher than the fortnightly JobKeeper payment of $1,500 (before tax). This means her practice must pay her $2,323.80 per fortnight (before tax), which includes an amount equal to the $1,500 JobKeeper payment (before tax).
Sam’s practice has been unable to enable her to undertake telehealth and patient bookings for her are still very low, so that Sam is only seeing 4 or 5 patients a session. Sam’s practice gives her a new JobKeeper enabling stand down direction, which reduces her ordinary working hours from 60 hours to 38 hours per fortnight.
Sam’s employer now must pay her $1,500 per fortnight (before tax), i.e the amount equal to the $1,500 JobKeeper amount, even though this is more than her base rate of pay for 38 hours per fortnight of $1,471.80 ($38.73 per hour multiplied by 38 hours worked in a fortnight).