Campaign Update: Draft Award Filed

We have now filed our updated Public Hospital Doctors Award (2024) in the Industrial Relations Commission, marking a historic milestone in the fight for fair pay, safe hours, and decent working conditions for NSW doctors.

This is the largest legal case ASMOF has ever run, and the first work value case for Doctors in Training in NSW history. In collaboration with Hall Payne Lawyers, we've sharpened our case to focus on claims with the strongest evidence and the best chance of winning.

Read on for a full update.

Interim Offer: Negotiations Update

The overwhelming 75% rejection of the NSW Government's interim pay offer is a powerful message that you will not accept a deal that undervalues your critical work and fails to address the crisis in our public health system.

This strong mandate from the membership gives us the leverage we need to escalate our campaign and demand a serious offer. We are ready to turn this frustration into meaningful action, whether that's through enforcing entitlements, exposing Award breaches, mobilising public pressure, and, if necessary, further industrial action.

The recent deals for the Health Services Union (HSU) and the NSW Nurses and Midwives' Association demonstrate that the NSW Government has the capacity and willingness to make more substantial offers when a united workforce demands it. The HSU's agreement includes an 8.5% increase over two years for their members, along with other key improvements to working conditions.

Health Minister Ryan Park MP actively sought out a meeting with us, and we have met to discuss the need for a significantly improved offer in order to avoid further action. We have formally submitted a revised interim offer to the NSW Government, which will be subject to further negotiations.  At this stage of the discussions, the details of these negotiations are confidential. We will continue to keep members updated on our progress.

In the meantime, we strongly encourage members to bring forward collective issues in their workplace so that we can escalate our campaign. In the last month we have pushed your employer to secure the backfilling of parental leave staff at Prince of Wales Hospital and changes to JMO rosters at Liverpool Hospital to make them safer for our members. This is just a small insight into the ongoing work of your union in your workplace. This was only possible due to members bringing forward their issues to their local organisers.

If you and your colleagues are experiencing unsafe working hours, understaffing issues, breaches of the Award and/or Workplace Health and Safety issues please contact your local organiser. If you are unsure of who your local organiser is you can email us at awardreform@asmof.org.au.

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Why We’re Fighting
Doctors across NSW are working in a chronically underfunded health system, with NSW spending less per capita on health than any other state.

The result? Dangerously unsafe hours that undermine clinical judgement, rising fatigue that puts doctors and patients at risk, and doctors leaving for safer, better-paid jobs interstate, leaving those who remain carrying unsustainable workloads and perpetuating a cycle of exhaustion and attrition.

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Our Solution: Award Reform
Our case focuses on five essential areas of reform:

• Pay - address pay inequities, aiming for a 30% pay increase to ensure competitiveness with other states and seeking payment for overtime and on-call for staff specialists.  
• Safe Working Hours - we’re fighting to embed protections against fatigue, which is crucial for the safety of both doctors and patients. This includes specific measures like mandating rest breaks after a certain number of hours and capping consecutive shifts.
• Professional Development - we want to secure the time, funding, and support necessary for essential training and clinical support. This will ensure doctors have the resources they need to excel.
• Leave - we're building on current leave entitlements to guarantee that doctors can truly rest, recover, and return to work safely. A key example is advocating for more flexible and accessible parental leave.
• Union Rights - we're working to strengthen union representation so that doctors' voices are heard and can directly shape the future of healthcare.

These measures are designed to improve doctors’ working lives and ensure safe, high-quality care for patients.

You can read more about the Industrial Relations framework, process, and Award reform in our explainer here

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What’s Changed Since the Last Filing
The following adjustments have been made to your Award:

1. Emergency Physicians Allowance

After union pressure earlier this year, the Ministry of Health confirmed in writing that the Emergency Physicians Allowance (PD2024_026) is secure and will continue. The Extended Shift Allowance, which attempted to incorporate the EP Policy Directive into an earlier draft of the ASMOF Award, has been removed from the latest version of the Award.

2. TESL Allowance and ROPP

Rather than send TESL and ROPP to arbitration, we’ve secured them in their current form and agreed to an external formal review process. This protects these entitlements while keeping a pathway open for reform, with more member consultation to come.

3. Penalty Rates

Penalty rates have been rationalised in line with what is reasonably achievable based on current Awards.

Our proposed rates for all cohorts are set out below:

You can read a breakdown of the Award changes in our summary here

Our Expert Evidence
Our case is backed by more than 50 witness statements from Staff Specialists, Career Medical Officers, and Doctors in Training - each painting a detailed picture of critically unsafe workloads and the urgent need for reform.

This frontline testimony is strengthened by independent expert analysis:

• Economic evidence from Professor John Buchanan (USYD) and Martin O’Brien (UOW)
• Safety research from Dr Madeline Sprajcer and Associate Professor Grace Vincent (CQ University)
• Survey insights from Dr Sarah Wise (UTS), analysing Award Arbitration Survey results

This is the most comprehensive evidence ever presented to the Commission on doctors’ working conditions in NSW.

Key Evidence Dates
ASMOF has now filed the first part of our evidence. The Ministry will respond by mid-October, and ASMOF and our witnesses will have the chance to reply by 3 November.

Here’s the full timetable (subject to change):  

• 12 September 2025 - ASMOF filed their evidence  
• 13 October 2025 - The Ministry provides their evidence that is in reply to ASMOF’s evidence
• 3 November 2025 - ASMOF provides their evidence that is in reply to the Ministry’s evidence

Witnesses will be contacted in mid-October if further responses are needed.

Hearing Dates
The matter is currently listed for hearing on:

• 24 - 27 November 2025  
• 1 - 4 December 2025
• 15 - 18 December 2025  

These dates may shift if the timetable changes. We expect the hearing to run for 8-10 weeks, with additional dates to be provided by the IRC in due course.

We want to extend another huge thank you to our witnesses for their time, effort, and commitment to winning this case!

This case is about more than pay or entitlements - it’s about the future of our public health system.

By fighting for fair pay, safe hours, and decent working conditions, we can stop the exodus of doctors, protect patient safety, and ensure NSW has a sustainable public healthcare system.

We’ll continue to update you as the case progresses.

If you have any questions, please reach out to haveyoursay@asmof.org.au

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