Arbitration Week 6 Recap

Last week marked a key milestone in the Award Reform case, with NSW Health’s witnesses beginning cross-examination.

Read on for a full recap and highlights from the Bench.

Week 6 of Hearings: Highlights From the Bench

Cross-examination is critical. It allows ASMOF’s legal team to question the Ministry’s witnesses under oath, clarify their evidence, and test the strength of the Ministry’s case. This helps the Full Bench assess how the proposed Awards would affect Doctors in Training (DITs), Career Medical Officers (CMOs), and Staff Specialists, including the broader impacts on workload, recruitment and retention, and patient care.

NSW Health’s Position

NSW Health continues to support separate Specialist and Non-Specialist Awards. It opposes ASMOF’s claim for a single Public Hospital Medical Officers Award and rejects the significant structural reforms to pay and conditions sought by ASMOF.

For Staff Specialists, the Ministry maintains support for the existing salaried model and does not propose overtime-based arrangements.

The Ministry’s proposed Awards exclude key improvements sought by ASMOF, including

Expanded professional development leave and allowances for DITs and CMOs

Stronger safe working hours protection

Protected clinical support time

Broader classification changes such as expanding the Registrar classification to Year 9

Witnesses for the Health Secretary

Evidence was given by:

Executive Director, Workplace Relations, Ministry of Health

Executive Director Medical Services, SLHD

Former DMS, Royal Prince Alfred Hospital

District DMS, SESLHD

District DMS, SWSLHD

District DMS, CCLHD

DMS, JHH, HNELHD

DMS, RPA (formerly Canterbury), SLHD

BPT Network Medical Education Manager, SESLHD

Chief Medical Information Officer, NSLHD  

DMS, SNSWLHD

Key Themes Examined

Given ongoing proceedings, this is a high-level summary of issues explored.

Staff Specialist remuneration and workload

Evidence examined the history and purpose of the Staff Specialist special allowance structure, how on call and recall work has been compensated over time, and whether current salary arrangements reflect contemporary workloads.

The Commission also heard examination of how Staff Specialist working hours are monitored and the extent to which workload pressures are formally tracked across the system. Cross examination considered whether the working life of a Staff Specialist differs significantly from that in 1966, prior to the commencement of Medicare and major reforms to the public health system.

Registrar classifications and DIT contracts

Evidence addressed whether current classifications, pay structures and fixed-term arrangements properly reflect training requirements and the realities of modern employment.

Rostering and clinical support

The Commission examined rostering systems, recognition of non-standard work patterns, and whether adequate clinical support time is provided.

Workforce Trends and Staffing Arrangements

Evidence covered broader trends across the public hospital system, including the use of Visiting Medical Officers (VMOs) and locums. The Commission examined differences between Staff Specialists and VMOs, including employment arrangements, responsibilities and integration within services, as well as shifts between full-time and part-time work. Impacts on service delivery, continuity of care, workforce retention, wellbeing and morale, supervision and training of DITs, and clinical leadership were also explored.

Changes in medical practice and work value

Cross-examination addressed advances in diagnostics, minimally invasive procedures and increasingly complex care pathways, along with rising expectations of specialist care and expanded responsibilities in modern practice.

COVID-19 and system pressures

The hearing examined system-wide pressures during COVID-19 and how clinicians adapted in an unprecedented period.

Safe working hours

Evidence focused on on-call arrangements, fatigue and whether current rostering patterns may compromise clinician wellbeing and patient safety.

What’s Next?

Cross-examination of NSW Health’s witnesses continues until 2 March.

From 2 - 6 March, the Commission will hear expert evidence. ASMOF’s expert witnesses are:

Prof. Martin O’Brien

Prof. John Buchanan

Prof. Anthony Scott

A Prof. Grace Vincent

Dr Sarah Wise

Daily details of all the Ministry’s witnesses appearing will be shared each morning in the WhatsApp Groups so you can follow along.

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

How Members Can Show Support

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. Let us know if you’re attending here.

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!

‍