Arbitration Week 1 Recap

We’ve just wrapped up the first week of hearings in our Public Hospital Doctors Award arbitration. Read on for a full recap and highlights from the Bench.

Key Stats:

Largest work value case ever presented to the Industrial Relations Commission (IRC) in NSW

30,000+ pages of evidence, including expert reports, survey data, and

51 witness statements from ASMOF members  

Press Conference

Week 1 kicked off with a press conference outside the Court, where the media heard from your Union President Dr Nicholas Spooner, and DiT Council Chair Dr Yvonne Nguyen, who were flanked by our members.

Dr Nicholas Spooner noted our case was the first opportunity in more than two decades to build a modern Award that supports safe patient care in NSW.

Read our media release here.

Our case was featured in media outlets across the state, including ABC Radio, Nine News, the Newcastle Herald, Mirage News, The Guardian and WIN Illawarra.

Across all outlets, the message was clear: doctors are working unsafe hours and facing worsening fatigue, hospitals are chronically understaffed, and patients are being left behind.

Week 1: Highlights From the Bench

The hearings opened with submissions from ASMOF legal counsel Tom Dixon, who told the Commission that the nature of doctors’ work has changed dramatically over the past two decades, while the Award and conditions have failed to keep pace with the complexity, intensity, and volume of modern medical practice. 

In his submissions, Tom Dixon walked the Full Bench through the modern patient journey across multiple specialties, showing how technology has reshaped medical practice. He noted that unpaid overtime and recall work - some of the most fatiguing tasks - remain hidden, allowing the system to rely on hours that are never recorded or paid.  

The Health Secretary’s barrister, Jamie Darams, delivered the Ministry’s opening submission, leaning heavily on case law dating back to 1966 to defend the current salary model for Staff Specialists, and to imply a 55-hour work week requirement for Staff Specialists, while continuing to oppose any improvements in the Award for doctors.

Thursday’s hearing was primarily dedicated to the evidence of our first Staff Specialist (Radiologist). Much of the day was spent in cross-examination, during which she provided compelling evidence about the rapid changes in technology and the resulting increase in work value.

She detailed how evolving clinical demands and expanding diagnostic capabilities have intensified the complexity and responsibility of radiology practice, further underscoring the need for fair and contemporary recognition of specialist work.

We also had our first DiT witness take the stand, but her cross-examination will commence next week and therefore cannot be discussed at this stage.

The Week Ahead

Next week we are scheduled to appear at the IRC from Monday – Thursday.

There is still capacity for members to attend in person. If you wish to be present in the courtroom.

Reminder to our witnesses: You must not watch any of the hearings until after you have given evidence (this includes in person at the courtroom and via the online livestream).

You can find all information related to the arbitration including hearing links on our website: asmof.nsw.org./awardreform. We also encourage you to join your local Union WhatsApp Group and follow us on Instagram or Facebook to get the latest updates!

We’ll continue to provide members with regular updates on the proceedings and ensure you know exactly what is happening inside the Commission as the case progresses.

Thank you for your ongoing support as we embark on the next phase of our campaign.