CMO Overpayments Win!



The Industrial Relations Commission made a new Award to settle the ongoing dispute regarding penalty rates for annual leave for Career Medical Officers.

The Public Hospital Career Medical Officers (State) Award 2017 has the new definitions of a shift worker in the Award. A "Day Worker" means a worker who works her/his ordinary hours from Monday to Friday inclusive and who commences work on such days at or after 6am and before 10am, otherwise than as part of the shift system. A “Shift Worker” means a worker who is not a day worker as defined.

CMOs defined as shift workers will now be paid shift penalties when proceeding on annual leave. This inclusion will also clarify the application of the shift work provisions in Clause 2.10.19 of the Leave Matters Policy Directive and it shall not affect any other provision of the Award. The new definitions in the Award, read in conjunction with the PD2014_029 Leave Matters for the NSW Health Service clarify the payment of annual leave which incorporates shift penalties and removes the existing ambiguity.

There will also be formal communication to those individual members nominated by ASMOF for who we have acted in this matter. Members will be advised that the overpayment correspondence they previously received has been withdrawn. The Ministry also agreed to withdraw all overpayment letters of the 84 CMOs that received them. 

If the Commission does not hear further from the parties on this matter it will terminate this dispute on 15 September 2017. Please advise Xanthe Thomson, Senior Industrial Officer on 9212 6900 or email if you have not received a letter by 1 September 2017 or if you proceed on annual leave and are not correctly paid.