My practice has not paid me any leave as I earn over the base salary. Is this in breach of the NTCER?
The NTCER outlines your minimum employment terms and conditions
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In general, if your employment agreement is consistent with the minimum terms and conditions in the NTCER then the practice does not have to pay separately for any leave taken if the billings percentage exceeds the base hourly salary (inclusive of leave payments made at the base rate).
As per the NTCER (Schedule A), for the purposes of percentage calculations, “the cycle is inclusive of any periods of leave taken”. So, if the registrar’s billings percentage is significantly higher than their base rate then essentially leave payments come out of the billings percentage. This means that, in effect, the billings subsidise the registrar’s leave. While the AMA and independent legal advice consider that this arrangement is lawful under the Fair Work Act 2009, this is an aspect of the NTCER which GPRA feels is not fair or reasonable and has lobbied strongly for change.
It is important to note that many training practices pay leave separately to the billings reconciliation which is a much fairer way of calculating the percentage payment and significantly reduces the financial disincentive to take leave, supports wellbeing and encourages productivity.