The Australian Medical Association (AMA) made a claim on behalf of six doctors who submitted that, during their periods of employment in the public health system, they should have been classified as “Consultant” under the relevant industrial agreements.

The relevant industrial agreements defined “Consultant / Specialist” as follows:

“Consultant / Specialist” means a medical practitioner who holds the appropriate higher qualification of a University or College, recognised by the Australian Medical Council (“the AMC”), and includes a Fellow of the Australasian Chapter of Addiction Medicine, or, in exceptional circumstances to satisfy areas of unmet need, such other specialist qualification recognised by the Director General of Health and who, unless otherwise approved by the Director General of Health, is employed and practising in the specialty for which he/she is qualified.

Industrial Magistrate O’Donnell found the word “appropriate” in the phrase  “the appropriate higher qualification of a University or College” meant a qualification recognised by the AMC that leads to a speciality in a particular field of medical practice, including in the case of general practice, FRACGP and FACRRM.

The six doctors were therefore found to hold the appropriate higher qualification as referred to in the Consultant/Specialist classification. Her Honour  also concluded the classification additionally required that the doctor to be employed and practicing in the specialty for which the doctor is so qualified. 

Her Honour was satisfied, therefore, that it was possible for the six doctors to have been classified as Consultant/Specialists. However, her Honour noted that there were other classifications in the industrial agreement which could also appropriately be applied to the doctors. Accordingly, the employer’s use of these other, appropriate classifications, meant there had been no breach of the industrial agreement.

The decision can be read here.