Arbitration Week 4 Recap

We’ve wrapped up the first week of hearings for 2026 in our Public Hospital Doctors Award arbitration. Read on for a full recap of last week’s hearings, plus highlights from the Bench and how you can support your colleagues as we continue our case.

Week 4 of Hearings: Highlights From the Bench

Wednesday Highlights

Wednesday’s evidence focused on how outdated Award conditions are driving unsafe workloads, fatigue and workforce shortages across NSW hospitals.

A Staff Specialist Intensivist described her former ICU Welfare Advocate role operating effectively 24/7. Although employed at 0.5 FTE, she works 50–60 hours a week with no additional pay, which she said is demoralising and unfair, particularly compared with other states. She outlined how ICU rostering undermines caring responsibilities and increases fatigue and patient safety risks.

A former Senior Staff Specialist in Emergency Medicine gave evidence of 28 years of rising workload and complexity. With access block caused by a lack of ward beds, EDs now function as overflow wards. Doctors miss breaks, work unsociable hours and often start shifts already fatigued.

A regional VMO Anesthetist said his department relies entirely on VMOs and locums. Locums are paid up to $3,500 a day plus travel and accommodation, while Staff Specialists receive no on-call or recall payments, making recruitment extremely difficult. He supported ASMOF’s claims for on-call, recall and better support for Doctors in Training.

A Head of Department from WA Health described WA’s 2024 Agreement as fair and transparent, with overtime, penalties, on-call and recall, paid study leave and development allowances - conditions that are attracting NSW doctors to Western Australia.

A VMO Cardiologist said cardiology training and on-call work are hostile to women with caring responsibilities. She was paid about $14 for a 24 hour on-call shift until 2020 despite heavy call volumes, causing severe fatigue and harm to wellbeing and relationships.

Thursday Highlights

Thursday’s witnesses showed clear work value changes, rising pressure across the system, and the ongoing undervaluation of doctors under outdated Awards.

A Resident Medical Officer from CCLHD described poor support for Doctors in Training, including having to buy their own scrubs, losing protected training time to service demands, and working unrostered overtime.

A Career Medical Officer from NSLHD supported ASMOF’s claims on permanency, progression, safe rostering and overtime. She said CMOs were meant to be permanent roles but are now often hired on temporary contracts and warned about the health risks of ongoing night work.

An Anaesthetist VMO backed ASMOF’s Award changes, explaining that Provisional Fellows are paid as junior registrars despite doing senior-level work that reduces consultant on-call and saves NSW Health money.

An ICU Staff Specialist described major increases in complexity and responsibility, with trauma care now far more demanding and higher-risk.

A Career Medical Officer from SLHD said CMOs are vital to ED care but are leaving due to burnout and night-work fatigue.

A VMO and Head of Department in Anaesthesia said Staff Specialist pay is about 58% lower than VMO rates, driving doctors out of public roles, and supported ASMOF’s push for better pay and permanency.

Friday Highlights

Friday’s witnesses gave powerful evidence of how outdated Award conditions are driving doctors out of the NSW public system.

A senior gynaecological oncologist with more than 30 years’ experience said the Award no longer reflects modern practice. His highly specialised field faces a national shortage, yet retention remains poor. As one of only two fractional specialists covering CCLHD, he provides on-call emergency care across hospitals without recall pay and warned he may not be able to retire because replacements cannot be found.

A GP said he declined to apply for a Staff Specialist role after comparing Award pay with his current income, highlighting NSW Health’s difficulty attracting doctors.

An advanced psychiatry trainee described how workforce shortages are undermining training. Trainees must complete 40-session psychotherapy cases but often have to find supervision outside their district, interstate, or privately at their own expense. He said the public mental health system is steadily deteriorating and that doctors in training are leaving for better pay and lower living costs.

A Staff Specialist Emergency Physician described ED shift work as physically punishing and unsafe in pregnancy. She received no modified rostering despite long shifts and missed breaks, and cited ACEM evidence linking night work in pregnancy to higher risks for mother and baby.

A Psychiatry Registrar said the four-year pay scale does not match five years of training, leaving doctors financially disadvantaged and harming retention and safe staffing.

How Members Can Show Support

Now that hearings have kicked off again, we strongly encourage members to continue showing your support for your colleagues and our witnesses who have dedicated hours to the arbitration process - not to mention the uncomfortable and challenging experience of being cross-examined in court.

As we move into the next phase of arbitration, the support of our members remains critical.

Attend the Hearings in Person

A strong member presence in the courtroom is a powerful display of support. It shows our witnesses – and the Commission and NSW Health – that doctors are united behind Award reform.

Support on Social Media

Your social media messages of solidarity not only help boost morale for our witnesses but also highlight the dedication and pressures facing doctors in NSW right now.

You can share our daily updates, repost our tiles and stories, share messages of thanks to witnesses and anything else you can think of to show your support!

Make sure to follow us on Instagram and Facebook!

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.

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