AMA(NSW) – VMO collective bargaining in response to COVID-19

Summary

On 5 May 2020, the Australian Medical Association (NSW) (AMA NSW) sought authorisation for itself and any participating visiting medical officer (VMO) to collectively negotiate with private hospitals and day surgeries licensed in New South Wales. The collective negotiations are for the terms and conditions (including remuneration) for VMOs engaged to provide medical services to public patients in the NSW private hospital system in responding to the COVID-19 pandemic.

The AMA NSW sought authorisation for 12 months from the date of the ACCC’s final determination, and also sought urgent interim authorisation.

On 8 May 2020, the ACCC granted conditional interim authorisation to allow the AMA NSW and VMOs to commence collective negotiations. The conditions require the AMA NSW to notify the ACCC of any additional private hospitals that it wishes to collectively bargain with and provide regular updates to the ACCC on actions taken under the interim authorisation.

On 26 August 2020, the ACCC granted conditional authorisation to the AMA NSW until 30 September 2021. The final determination document can be found below.

If no application for review of the determination is made to the Australian Competition Tribunal, the authorisation will come into force on 17 September 2020.

Further information on the application for authorisation and the ACCC’s decision is available through the link below.

Date

Stage in assessment process

5 May 2020

Lodgement of application, including request for interim authorisation and supporting submission.

8 May 2020

ACCC decision regarding interim authorisation.

8 May 2020

Consultation on the application and interim authorisation commences.

29 May 2020

Closing date for submissions from interested parties.

June 2020

Applicants respond to issues raised in the public consultation process.

5 August 2020

ACCC Draft determination.

August 2020

Public consultation on draft determination including any conference if called.

26 August 2020

Final determination.

17 September 2020

Authorisation comes into effect.

Applicant(s)

  • Australian Medical Association (NSW) Limited

Authorisation number(s)

  • AA1000511-1

Applications

Document title Date

Decisions

Submissions - before draft decision

Document title Date

Submissions - after draft decision

Document title Date