Broken Hill Health Employees (State) Award 2024 [2025] NSWIRComm 1098 (10 November 2025)

(1) gives effect to salary increases for two years being FY 2025/26 and FY 2026/27;

(2) includes the following changes from the 2024 Award, as set out in clause 7 of the Application;

"a. The title has been amended to '2025' and references to old awards updated.

b. The Area, Incidence and Duration clause has been updated.

c. Updated rates of pay and allowances to apply from the first full pay period on or after 1 July 2025 and the first full pay period on or after 1 July 2026 representing an increase of 4% for FY 2025/26 and 4% increase for FY 2026/27.

d. Updated no extra claims clause as required by the NSW Government Fair Pay and Bargaining Policy 2024-25.

e. Updated annual leave clause to reflect change in the accrual of annual leave to be progressive from commencement of employment. This change is to reflect annual leave changes to the State awards covered by the HSU.

f. Addition of new BIC classifications and levels in Schedule 1 of the Award:

i. BI Pharmacist Grade 4 and 5

ii. BI Cardiac Technician

iii. BI Cardiac Technologist Grades 1 and 2

iv. BI Senior Cardiac Technologist.

g. The additional BIC classifications above have been given the current rate of pay as set out in the Health Employees' Pharmacist (State) Award 2025 and Health Employees (State) Award 2025 respectively."

(3) replaces the Broken Hill Health Employees' (State) Award 2024;

(4) rolls over existing terms and conditions from the 2024 Award, except as set out above; and

(5) applies for a two-year duration effective from 1 July 2025 subject to any order or award the Commission may make.

1. On 27 October 2025, the Health Secretary filed an affidavit of Alice Murphy, Director, Industrial Relations and Change, which set out the background matters outlined above in respect of the Application. Ms Murphy deposed that the 2025 Award meets the requirement for approval under s 23 and s 146(2) of the Act. Ms Murphy gave evidence that:

13. The proposed award provides for equal remuneration and other conditions of employment for male and female employees doing work of equal and comparable value.

14. The proposed award provides:

a. equal rates of pay and allowances for men and women

b. the same eligibility criteria for employment for men and women for each job classification

c. the same duties for men and women under each job classification and

d. conditions of employment which will ensure equal access to employment for men and women.

15. The making of the new award is in the public interest having regard to the matters set out in s 146(2) of the Act.

Objects of the Industrial Relations Act 1996 (NSW)

16. The proposed award accords with the objects in s 3 of the Act in the following ways:

a. the proposed award promotes efficiency and productivity in the economy of the State of NSW supporting the provision of ongoing quality health services to the community in the Far West Local Health District by:

i. maintaining the existing classification structure to retain a suitably qualified workforce and

ii. adding additional BIC classifications and levels to support the attraction and retention of a suitably qualified workforce.

b. The proposed award promotes participation in industrial relations by employees and employers at a workplace level by providing a framework for the resolution of disputes _

c. The proposed award contains provisions dedicated to the prevention and elimination of discrimination in the workplace

d. The proposed award supports the ongoing attraction and retention of staff to ensure the effective and efficient delivery of health services in the Far West Local Health District through a remuneration increase for the next two financial years.

Economy of New South Wales and fiscal position and outlook of the Government

17. The proposed award covers a workforce of approximately 165 full time equivalent staff (as at the commencement of FY 25/26) noting that classifications in Schedule 2 of the Broken Hill Health Employees' (State) Award have their pay rates set by the State Awards covered by the HSU.

18. I consider that the making of the proposed award is in the public interest on the following basis:

a. The proposed award reflects an agreement that has been reached between the parties.

b. The changes in the proposed award comply with the governance framework set out in Section 4 of the NSW Government Fair Pay and Bargaining Policy 2024-25.

c. To the best of my knowledge and belief, the pay increases and the creation of the proposed award were approved by the NSW Government after taking into account their effect on the NSW economy, the fiscal position and outlook of the Government.

19. The proposed award includes an updated no extra claims clause at clause 10."

1. The requirements for making an award under the Act are set out in Division 1 of Part 1 of Chapter 2. Relevantly, the Act provides:

Division 1 Awards generally

10 Commission may make awards

The Commission may make an award in accordance with this Act setting fair and reasonable conditions of employment for employees.

11 When award may be made

(1) An award may be made -

(a) on application to the Commission or on the Commission's own initiative, or

(2) An application for an award may be made only by -

(a) an employer, or

(b) an industrial organisation of employers or employees, or

...

(3) Anyone who can apply for an award may become a party to any proceedings for making an award.

(4) An applicant for an award, or to become a party to the making of an award, is required to satisfy the Commission that it or any one or more of its members has a sufficient interest in the proposed award.

...

13 Formal matters relating to making of award

(1) An award is required to be in writing, expressed to be an award and signed by at least one member of the Commission.

(2) An award is to be published by the Industrial Registrar on the NSW industrial relations website.

(3) An award is to comply with such other requirements as to form and procedure for its making as may be made by the regulations or (subject to any such regulations) by the rules of the Commission.

14 Mandatory dispute resolution procedures in awards

(1) An award is not to be made unless it contains procedures for the resolution of industrial disputes under the award (dispute resolution procedures).

...

(3) Dispute resolution procedures are to include procedures for -

(a) consultation at the workplace, and

(b) the involvement of relevant industrial organisations.

...

15 Commencement of award

(1) An award comes into force on the date specified by the Commission.

(3) An award may be expressed to apply retrospectively, but not earlier than the date on which -

(a) application for the award was lodged with the Industrial Registrar, or

(b) the Commission itself initiated proceedings for the award, or

(c) the industrial dispute giving rise to the award was notified to the Commission.

(4) Despite subsection (3), the following awards may, with the consent of the parties to the making of the award, apply retrospectively from a date, specified in the award, that is earlier than any date referred to in that subsection -

......

(b) an award that sets conditions of employment for employees of a single employer or for employees of two or more associated employers.

16 Term of award

(1) An award applies for the period specified in it as its nominal term and, after that period, until rescinded by the Commission.

(2) The nominal term of an award must not be less than 12 months nor more than 3 years.

1. I consider that the requirements of s 10 are satisfied based on:

(1) The award continuing the terms of the 2024 Award, other than increases to rates of pay and salary related allowances, and those matters to which are referred to already;

(2) The consent of all parties and their submissions that the 2025 Award would set fair and reasonable conditions; and

(3) The evidence of Ms Murphy as to the 2025 Award complying with equal remuneration principles.

1. I consider that the requirements of s 11 are satisfied based on:

(1) The Application having been made by an employer;

(2) The proposed parties to the award being persons who are permitted to apply for the making of an award; and

(3) Each of those parties having a sufficient interest in the 2025 Award because they have either members who will be covered by the award, or are the employer of employees to be covered by the award.

1. I consider that the requirements of s 13 are satisfied based on:

(1) The 2025 Award being in writing and expressed to be an award;

(2) That it will be signed by a member of the Commission in due course and published by the Industrial Registrar; and

(3) The 2025 Award otherwise apparently conforming as to form and procedure with the regulations and rules of the Commission.

1. I consider that the requirements of s 14 are satisfied based on the 2025 Award containing a dispute resolution procedure, which includes procedures for consultation at the workplace and the involvement of relevant industrial organisations.

1. I consider that I am able to make the 2025 Award apply retrospectively pursuant to s 15(3)(c) or s 15(4)(b).

1. The requirements of s 16 are satisfied, given that the nominal term of the 2025 Award will be 2 years, commencing on 1 July 2025.

(2) The Commission must take into account the public interest in the exercise of its functions and, for that purpose, must have regard to -

(a) the objects of this Act, and

(b) the state of the economy of New South Wales and the likely effect of its decisions on that economy, and

(c) for the exercise of a function about public sector employees - the fiscal position and outlook of the Government and the likely effect of the exercise of the Commission's function on the position and outlook.

1. I consider that it is in the public interest to make the 2025 Award. In arriving at this decision I have taken into account the objects of the Act and in particular those matters referred to in Ms Murphy's evidence at [7].
2. I have also considered those matters in s 146(2)(b) and (c) namely the likely effect of the decision to make the 2025 Award on the economy in New South Wales and the fiscal position and outlook of the Government and the likely effect of the making of the 2025 Award to it. On the basis of the evidence of Ms Murphy that approximately 165 full time equivalent staff (as at the commencement of FY 25/26) will be covered by the 2025 Award, I consider that the making of the 2025 Award to have a negligible impact.
3. In deciding it is in the public interest to make the 2025 Award, I have also had due regard to the fact that the parties all consent to it.
4. For these reasons, I have decided it is appropriate to order the making of the 2025 Award in the terms sought by the Application.
5. Consequently, I have also decided that it is appropriate to order that the 2024 Award be revoked.

(1) The Broken Hill Health Employees (State) Award 2025 is made in the terms sought in the Application; and

(2) The Broken Hill Health Employees (State) Award 2024 is revoked.