Junior doctors’ wage battle with Barwon Health

JUNIOR doctors are suing Barwon Health and other health services across Victoria for what they claim are systemic problems with excessive hours and widespread underpayment of wages.

Lawyers Gordon Legal and Hayden Stephens and Associates (HSA) represent both the Australian Salaried Medical Officers Federation of Victoria (ASMOF) and junior doctors in these class actions.

Principal lawyer Hayden Stephens said the doctors involved in the class action are calling for proper recognition of their excessive hours and unpaid unrostered overtime.

“Junior doctors should be in hospitals, not in the Federal Court fighting for their most basic entitlements,” Mr Stephens said.

The Barwon Health/Goulburn Valley class action follows a landmark judgment handed down by Justice Bromberg of the Federal Court in August of this year.

In that case, the Federal Court ruled in favour of a junior doctor, Dr Gaby Bolton, who sued Peninsula Health for unpaid unrostered overtime.

The date of the first directions hearing is yet to be set, but Stephens said the class action will likely be paused pending an appeal to the Full Court of the Federal Court of the Peninsula Health ruling.

“Because the appeal will cover the same legal issues as the case against Barwon Health and Goulburn Valley and nine other proceedings against other Victorian health services, the parties have agreed that these matters not progress until the resolution of that appeal.”

Mr Stephens said junior doctors remained frustrated and said health services should accept the Federal Court ruling and work with junior doctors to try reach a mediated settlement.

“For too long this problem has been ignored by those in charge in our hospitals.” Mr Stephens said.

“Here we have a Federal Court judge validate what doctors have been saying for so long.”

“It’s time to fix the problem for doctors’ own wellbeing and the safety of their patients.”

“Unless change comes, and quickly, doctors will continue to leave our health system.”

There are currently a number of class actions lodged against 12 of Victoria’s largest health services.

The Australian Medical Association (Victoria) conducted a survey in 2021 which estimated that junior doctors routinely worked around 16 hours of overtime a week, most of which is unpaid, with some doctors working up to 25 hours of overtime a week.

Over half of doctors surveyed said they feared making a clinical error due to long hours and fatigue.

A Barwon Health spokesperson stated that the organisation could not comment at this time.

“Barwon Health is unable to comment on this matter while it is before the court,” the spokesperson said.

“Barwon Health values the work of all staff and we are committed to safe working hours and staff well-being.”

According to AMA (Victoria) there are more than 20,000 junior doctors working in Victoria who may be covered by the various class actions.

Mr Stephens encouraged relevant doctors to sign up to the class action.

“Doctors working at Barwon Health are urged to sign up at doctorovertime.com.au and register their interest in the action.

Registration is confidential,” Mr Stephens said.