Health Secretary in respect of the Government of New South Wales v Australian Salaried Medical Officers' Federation

(1) it is a major argument advanced by ASMOF in support of its claims that improved rates and conditions are necessary to make working in the New South Wales Public Health System sufficiently competitive with other jurisdictions and the private sector so as to retain and attract quality staff;

(2) it is consistent with ASMOF's argument that rates of pay in New South Wales should not suffer, to the extent it can be avoided, by comparison with other jurisdictions. While the offer is not regarded by ASMOF as sufficient to answer completely its contention, it has, at least, a mitigating effect upon the perceived problem pending the completion of conciliation and arbitration;

(3) ASMOF is not constrained in any way from prosecuting its case in the arbitration; and

(4) Although the Commission is not being asked to make an interim award I note it is not inconsistent with interim increases awarded to other public sector employees.[1]

1. A further consideration is that the commitment sought by the Health Secretary not to engage in industrial action is in the interests of both parties and, importantly, in the public interest. As ASMOF and its members have experienced in the recent past, the Commission is likely to defer any arbitration should industrial action be pursued.[2] Delaying the arbitration is in nobody's interest.
2. In short, accepting the offer is in the interests of all parties and does not disadvantage ASMOF or its members in any way.
3. I strongly recommend acceptance of the offer.

[1] Industrial Secretary & Ors v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales & Ors (No 2) [2024] NSWIRComm 21.

[2] Health Secretary, Ministry of Health v Australian Salaried Medical Officers' Federation (New South Wales) [2025] NSWIRComm 5, [11] - [13].