AMA VICDOC Spring 2023 - Magazine - Page 25
DR KATE MAXFIELD
KATE Can you tell our readers a little
bit more about the recent judgement
and what it stands for?
HAYDEN It stands for what’s fair. Justice
Bromberg of the Federal Court of Australia
ruled that our lead applicant, Dr Gaby
Bolton, had performed unrostered unpaid
overtime and that her work was deserving
of recognition and payment. The Judge
determined that Dr Bolton had performed
a range of duties that were authorized and
that in the absence of payment for that
work, Peninsula Health had breached
the Enterprise Agreement and the
Fair Work Act.
KATE When I talk to my colleagues,
everyone is intrigued how a junior doctor
stood up to the system.
HAYDEN It was a significant court victory
and one that I’m very proud to have been
involved in. I’m especially proud of Gaby
Bolton for her courage shown in being
the lead applicant. Full marks also to the
leadership of ASMOF and the AMA,
for supporting Gaby. As far as I’m aware,
HAYDEN STEPHENS
it’s the first time in Australian legal history,
a junior doctor has held an employer the
size of Peninsula Health to account for
wage underpayment of this scale.
KATE What does the future look like
for the campaign?
HAYDEN We’ve commenced several other
class actions in Victoria against 12 health
services. Some time back there was a
decision made by the government of the
day that Victoria should be split into 38
or so different health services. Each of
those health services have a board,
a senior level of management, and
their own infrastructure that runs the
hospitals within that health service.
Each Health Service is also the direct
employer of junior doctors who work at
their hospitals. That means that when
we’re thinking about lodging claims on
behalf of junior doctors for their unrostered
unpaid overtime under the statewide
Enterprise Agreement, you take that action
against the individual health service that has
the direct employment relationship with the
doctors in their employ.
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