Specialists in Public Hospitals
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Entitlements as a specialist working in a Victorian public hospital
Conditions of employment in a public hospital are generally determined by four documents.
First is the state wide AMA Victoria - Victorian Public Health Sector Medical Specialists Enterprise Agreement 2013 or download a summary of major provisions.
Second, in addition to the Specialists Agreement most doctors will have an individual common law employment contract with their hospital. This will provide extra detail on your working arrangements such as on-call requirements, hours and days of work, a job description and conditions that are more beneficial to you than the collective conditions.
Third, the Specialists Agreement does not disturb the continued application of employment entitlements which were in place immediately prior to it coming into effect. In most major hospitals these include collective ‘Certified Agreements’. The former Certified Agreements which are not disturbed by the Specialists Agreement include some significant conditions, including, for example, on-call and recall arrangements for Fractional Specialists.
Finally, the National Employment Standards, contained in sections 59 to 130 of the Fair Work Act 2009 (Cwth) underpin the above and apply as a minimum to all specialists employed in public hospitals.
Link to list of pre-existing Certified Agreements
In some rural hospitals Specialists are not engaged as employees, but as independent contractors. In that case the relationship is governed by the contract. Simply being paid on a fee-for-service basis does not necessarily mean you are an independent contractor.
If you are unsure of your status as an employee or independent contractor please contact our Workplace and Advocacy Unit on 9280 8722.