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Penalty rates under the<br />
VMO Determinations<br />
We have recently received a number of<br />
enquiries from VMOs regarding loadings<br />
under the VMO Determinations for<br />
performing weekend work. The enquiries<br />
are coming within a context of a push<br />
by industry bodies in the retail and<br />
hospitality sectors to abolish weekend<br />
penalty rates, as well as the much<br />
publicised striking of junior <strong>doctor</strong>s in<br />
England’s National Health Service as a<br />
response to the proposed “seven day<br />
working week”.<br />
The VMO Sessional Determination allows<br />
for a 25% call-back loading for services<br />
outside the ordinary hours of 8am to 6pm<br />
Monday to Friday. Similarly, the VMO<br />
Fee for Service Determination provides<br />
for 110% of the relevant MBS fee for the<br />
provision of emergency services outside<br />
of ordinary hours.<br />
However, the VMO Determinations<br />
are silent on the issue of allowances<br />
for rostered weekend work i.e. prescheduled<br />
lists or shifts which do not fall<br />
under the definition of a call-back.<br />
Of course, it has historically been the<br />
case that after hours and weekend<br />
services have been provided by<br />
VMOs under the on call and call-back<br />
arrangements. The VMO Determinations<br />
are based on that historical practice<br />
and simply do not envisage a situation<br />
where VMOs are required to provide<br />
pre-scheduled services. As some public<br />
hospitals move to schedule weekend<br />
lists/shifts, more VMOs are likely to have<br />
concerns regarding weekend work, and<br />
whether or not they wish to participate in<br />
such arrangements.<br />
AMA (NSW) will be considering this issue<br />
over the next few months and consulting<br />
with members.<br />
Should you have any questions or<br />
concerns regarding remuneration for<br />
weekend work in the public system,<br />
please be in contact with the<br />
Medico-Legal and Industrial team<br />
at 9439 8822. dr.<br />
amansw.com.au I 29