Union to stand in court for NSW Doctors

In just over two weeks, our landmark case for better pay and conditions for doctors will be heard before the Industrial Relations Commission (IRC).

From 26 November, we will present our claim for a new Award covering doctors working in the NSW public health system. With over 100 witnesses scheduled to appear, this will be a historic arbitration, one that will shape the future of medical work in NSW for generations to come.

This is the first comprehensive review of doctors’ work in the NSW Health system in more than 20 years. We are making a powerful case for structural reform to address the widespread fatigue, stress, and burnout affecting our workforce. Issues made worse by outdated awards, a decade-long wage cap, and pay disparities with other states.

Our evidence will show that the nature, value, and outcomes of doctors’ work have changed significantly, and that the current system no longer reflects the realities of modern medical practice.

This is a pivotal moment for our members. We will keep you informed as proceedings unfold and continue to advocate strongly for the recognition and reform you deserve.

What is arbitration?

Arbitration is the process where the IRC will decide the terms of a new Award for all doctors working in NSW public health services.  

A Full Bench of three Commissioners or Justices will hear evidence from both our Union and the NSW Government before issuing a legally binding decision.

The IRC accepted ASMOF’s proposed hearing order, which is for our witnesses to be called first. This will ensure that the Union’s case is presented before the NSW Government's evidence is heard.

Your union is being represented in court by the expert legal team at Hall Payne Lawyers and barristers Thomas Dixon, Renae Kumar and Josh Martin - the same legal team that successfully represented us during the psychiatry hearings.

Their extensive experience in industrial advocacy ensures we’re in the strongest position to secure significant improvements to your Award.

ASMOF has the majority of witnesses in this case. Doctors’ evidence, stories, and experiences on the frontline will become part of the official record that will shape the future of your pay and conditions.

Our case focuses five essential areas of reform:

Pay, safe working hours, professional development, leave and union rights.

Read our earlier update for the full details on what we’re fighting for and the IRC process.

Court timeline

Last week we filed our evidence in reply, comprised of 41 statements from members and experts.  

The final preparations for the hearing are now underway including the exchange of submissions, hearing schedule and finalisation of the court book.  

The hearing dates have been confirmed, and the proceedings will start on Wednesday 26 November.

Our arbitration dates for 2025 are now locked in over three weeks:

26 - 27 November 2025

1 - 4 December 2025

15 -18 December 2025

The hearing is expected to run for approximately 8-10 weeks, with additional hearing dates likely to be confirmed during the first week of proceedings. It is possible that further dates may be scheduled in February and March 2026, subject to the Commission’s availability and progress of the case.  

At this stage, we hope to receive a decision about your pay and conditions in mid-late 2026.  Given the unprecedent size of this case and the extent of our evidence, we cannot provide a definitive guide to when the decision will be handed down.

Can I attend or watch the hearings?

The hearings will be public and held at the IRC at Bridge St, Sydney. We encourage our members to attend the hearings, particularly on Day 1 - Wednesday 26 November, as we need as many members as possible to stand with us.  

Union staff will also be attending hearings to provide key updates on proceedings, and to take photos and film members (outside court) for our social media and other communications channels. If you don't want your photo taken, please let ASMOF staff know on the day.

Please note: the court has limited capacity and as such we have requested that the hearings also be livestreamed. We will distribute a link to the stream via our WhatsApp announcements page when it is available - join here.

Recording, screenshots, or photos of the livestream are strictly prohibited under IRC rules, and penalties may apply. Viewers are also reminded of the NSW Health Code of Conduct and Social Media Policy in relation to posting social media content about the proceedings. We’re preparing a factsheet with more information on this, which will be included in our next arbitration email update to members.

Our team have been hard at work building a mountain of evidence to support the case for better pay and conditions for doctors across NSW, and we look forward to our case being heard in Court.

This is our moment.

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