Legal advice brands Queensland contracts as draconian and inferior. #AMA #keepourdoctors
Independent legal advice from prominent Queensland Barrister, Dan O’Gorman SC, confirms that proposed contracts for Senior Medical Officers (SMOs) being offered in Queensland are unfair and draconian.
In advice provided to AMA Queensland, Mr O’Gorman, says, inter alia:
- the contracts in their proposed format will result in SMOs “being employed on terms and conditions that are inferior to those presently in place for SMOs”;
- “the Contract is a draconian contract of employment”;
- “…There is no explanation why the Contracts are being introduced at this time when the present employment arrangements for SMOs were not due to expire until June 2015; and
- the Contract, unlike current arrangements, does not provide for a number of matters such as accrued days off, extended span of ordinary hours work; public holidays; rosters for work in an extended span of ordinary hours; overtime; and on-call allowances.
Federal AMA President, Dr Steve Hambleton, said the legal advice exposes the proposed contracts as an attack on doctors and their basic workplace rights and conditions.
“The Queensland Health Minister is treating the hardworking hospital doctors of Queensland with the utmost contempt,” Dr Hambleton said.
“Minister Springborg is causing stress, distress, and anger among the entire medical workforce of the State.
“These contracts must be torn up and the Minister must immediately return to the negotiating table to produce fair and balanced contracts in good faith with the people who spend their working life saving lives and improving lives around the clock in the hospitals of Queensland.”
The AMA and ASMOF have for months highlighted the unfair nature of these contracts to the Health Minister and Queensland Health, but these concerns have been ignored.
Meetings at hospitals throughout the State – attended by hundreds of doctors per meeting – have resolved to reject these contracts.
Dr Hambleton said that the Queensland Government must dump the dodgy contracts or the Queensland community would face an exodus of doctors from the public hospital system that will make it much harder for Queenslanders to access quality health care services.
Mr O’Gorman’s advice is on AMA website.