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and ASMOF (NSW) - Australian Medical Association NSW

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feature<br />

Industrial coverage – AMA (<strong>NSW</strong>) <strong>and</strong> <strong>ASMOF</strong> (<strong>NSW</strong>)<br />

The change in the<br />

industrial legislation<br />

provides an opportunity<br />

to bring together the<br />

skills <strong>and</strong> experience<br />

of the AMA (<strong>NSW</strong>)<br />

<strong>and</strong> <strong>ASMOF</strong> (<strong>NSW</strong>) to<br />

establish an integrated<br />

“one stop shop” service<br />

to DITs across all aspects<br />

of employment <strong>and</strong><br />

training.<br />

“I’m looking forward to<br />

working with <strong>ASMOF</strong><br />

(<strong>NSW</strong>) to provide the best<br />

possible service for DITs<br />

in <strong>NSW</strong>. This is an exciting<br />

opportunity to really make<br />

a difference for DITs in<br />

both the industrial <strong>and</strong> the<br />

policy arenas.”<br />

Dr Theresa Ly, Acting Chair,<br />

AMA (<strong>NSW</strong>) DIT Committee<br />

2013 is an important year for Doctorsin-Training<br />

(DITs) in <strong>NSW</strong>. Since 1998<br />

the Health Services Union (HSU) has<br />

had exclusive coverage of DITs under<br />

the monopolistic provisions of the <strong>NSW</strong><br />

Industrial Relations Act. Despite regular<br />

promises to improve the Award covering<br />

DITs, not only were no changes made<br />

but the HSU also signed-away years of<br />

productivity improvements which might<br />

have been used as a basis for work value<br />

claims. In addition to the failure by the<br />

HSU to adequately represent DITs, HSU<br />

officials have made regular appearances<br />

in the media <strong>and</strong> in court in relation to<br />

allegations of corruption <strong>and</strong> criminal<br />

activity.<br />

After years of hard work <strong>and</strong> lobbying<br />

by the AMA (<strong>NSW</strong>), the <strong>NSW</strong> Government<br />

has amended the legislation to allow DITs<br />

to have a choice of union. The legislation<br />

provides for the <strong>Australian</strong> Salaried<br />

<strong>Medical</strong> Officers’ Federation (<strong>NSW</strong>)<br />

to make a formal application to the<br />

Industrial Relations Commission, a legal<br />

process which we hope will be completed<br />

in the near future. At that point – DITs<br />

will have the choice to join <strong>ASMOF</strong> or the<br />

HSU.<br />

The AMA is not a trade union <strong>and</strong><br />

is unable to represent DITs in award<br />

negotiations. We have always been<br />

active however in representing DITs<br />

in individual industrial matters <strong>and</strong><br />

have a team of highly qualified <strong>and</strong><br />

experienced legal <strong>and</strong> industrial staff<br />

with unparalleled experience in DIT<br />

issues. The AMA (<strong>NSW</strong>) is also heavily<br />

involved in advocacy on behalf of DITs,<br />

especially around intern shortages <strong>and</strong><br />

the potential shortage of resident <strong>and</strong><br />

registrar positions.<br />

<strong>ASMOF</strong> (<strong>NSW</strong>) is the trade union that<br />

represents staff specialists, clinical<br />

academics <strong>and</strong> CMOs. They have an<br />

enviable reputation for excellence<br />

<strong>and</strong> professionalism in industrial<br />

representation. One of the difficulties<br />

with the HSU monopoly of industrial<br />

coverage was that it created an artificial<br />

distinction between industrial award<br />

matters <strong>and</strong> training/workforce issues.<br />

In reality, for DITs, it is impossible to<br />

separate industrial <strong>and</strong> training matters.<br />

The HSU’s lack of knowledge of DIT<br />

training <strong>and</strong> workforce issues means<br />

opportunities to address these issues<br />

as part of award negotiations have been<br />

lost.<br />

The change in the industrial legislation<br />

provides an opportunity to bring together<br />

the skills <strong>and</strong> experience of the AMA<br />

(<strong>NSW</strong>) <strong>and</strong> <strong>ASMOF</strong> (<strong>NSW</strong>) to establish<br />

an integrated “one stop shop” service to<br />

DITs across all aspects of employment<br />

<strong>and</strong> training. The AMA (<strong>NSW</strong>) <strong>and</strong><br />

<strong>ASMOF</strong> (<strong>NSW</strong>) have reached in-principle<br />

agreement to have a joint arrangement<br />

that will allow DITs to join both<br />

organisations for a single fee <strong>and</strong> have<br />

access to the entire range of services.<br />

This will enable <strong>ASMOF</strong> (<strong>NSW</strong>) <strong>and</strong> the<br />

AMA (<strong>NSW</strong>) to present a united front on<br />

behalf of DITs so training <strong>and</strong> workforce<br />

issues can be raised as part of award<br />

negotiations.<br />

10 I THE <strong>NSW</strong> DOCTOR I NON MEMBER ISSUE | DECember 2012/JANUARY 2013


What should DITs do now<br />

DITs who are currently members<br />

of the AMA (<strong>NSW</strong>) should maintain<br />

their membership. We will keep you<br />

informed of progress on the joint<br />

membership arrangement. You can<br />

continue to access expert advice <strong>and</strong><br />

assistance on all industrial, training<br />

<strong>and</strong> medico-legal matters <strong>and</strong> regular<br />

members-only information seminars.<br />

You can contribute via regular meetings<br />

of the DIT Committee to AMA policymaking<br />

<strong>and</strong> advocacy e.g. shortage of<br />

training positions.<br />

DITs who are not currently AMA<br />

members should join now – visit<br />

www.amansw.com.au or fill out<br />

the membership form on page 48.<br />

Membership will give you immediate<br />

access to industrial <strong>and</strong> legal advice<br />

<strong>and</strong> assistance. We will keep you<br />

informed of progress on the joint<br />

membership arrangement.<br />

When the joint membership<br />

arrangement is formalised, all DITs<br />

who are members of the AMA (<strong>NSW</strong>)<br />

will also become <strong>ASMOF</strong> (<strong>NSW</strong>)<br />

members, unless they choose not to.<br />

The AMA (<strong>NSW</strong>)/<strong>ASMOF</strong> (<strong>NSW</strong>) joint<br />

membership arrangement will include<br />

the employment of additional industrial<br />

staff dedicated to DIT services. It is<br />

highly likely that these <strong>and</strong> other<br />

DIT- specific costs will require an<br />

increase in membership fees. We will<br />

keep members fully informed of any<br />

proposed fee changes from the new<br />

arrangements.<br />

What will the joint AMA (<strong>NSW</strong>)/<br />

<strong>ASMOF</strong> (<strong>NSW</strong>) arrangement<br />

look like<br />

From a DIT point of view, the joint<br />

arrangement will operate as a<br />

single organisation providing a<br />

comprehensive range of industrial,<br />

professional, educational, advocacy <strong>and</strong><br />

medico-legal services. There will be<br />

democratically-elected DIT committees<br />

with responsibility for oversight of DIT<br />

industrial <strong>and</strong> policy matters. These<br />

committees will have representatives<br />

on the AMA (<strong>NSW</strong>) <strong>and</strong> the <strong>ASMOF</strong><br />

(<strong>NSW</strong>) councils. A combination of<br />

<strong>ASMOF</strong> (<strong>NSW</strong>) <strong>and</strong> AMA (<strong>NSW</strong>) staff<br />

dedicated to providing DIT services will<br />

be located in the same office.<br />

What will happen to the<br />

DIT Award<br />

The existing AMA (<strong>NSW</strong>) DIT Committee<br />

is already discussing what changes<br />

need to be made to the Award <strong>and</strong><br />

there will be extensive consultation<br />

with members. A key fact is that the<br />

<strong>NSW</strong> Government has legislated to<br />

ensure there can be no cost above the<br />

Government’s wages policy of 2.5 per<br />

cent per annum without dollar-fordollar<br />

“productivity improvements”.<br />

This will make it difficult to achieve<br />

significant improvements to wages.<br />

However, there are many other<br />

deficiencies in the Award which we<br />

can focus on. There is also consistent<br />

feedback that the key issue over the<br />

next few years will be the availability<br />

of training positions. It may be that<br />

the industrial arena is a good place to<br />

address this issue.<br />

“We look forward to<br />

finalising our rule<br />

change application <strong>and</strong><br />

welcoming DITs into<br />

<strong>ASMOF</strong> (<strong>NSW</strong>). This will<br />

enable us to join with<br />

AMA (<strong>NSW</strong>) to provide a<br />

service that we believe<br />

will be greater than the<br />

sum of its parts.”<br />

Dr Tony Sara,<br />

President, <strong>ASMOF</strong> (<strong>NSW</strong>)<br />

“It’s a great feeling to<br />

know that all the hard<br />

work of the past few<br />

years has finally paid<br />

off <strong>and</strong> DITs will finally<br />

get the representation<br />

they need from a joint<br />

AMA (<strong>NSW</strong>)/<strong>ASMOF</strong><br />

(<strong>NSW</strong>) membership<br />

arrangement.”<br />

Dr Kathryn Austin,<br />

former Chair, AMA (<strong>NSW</strong>)<br />

DIT Committee <strong>and</strong> current<br />

AMA (<strong>NSW</strong>) Board member<br />

www.amansw.com.au I 11

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