and ASMOF (NSW) - Australian Medical Association NSW
and ASMOF (NSW) - Australian Medical Association NSW
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