Crown Employees (Fire and Rescue NSW Tradespersons) Award 2024; Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch v Industrial Relations Secretary on behalf of Fire & Rescue NSW (No 2)

Medium Neutral Citation: Crown Employees (Fire and Rescue NSW Tradespersons) Award 2024; Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch v Industrial Relations Secretary on behalf of Fire & Rescue NSW (No 2) [2026] NSWIRComm 1044

Hearing dates: On the papers (final awards received 20 May 2026)

Date of orders: 22 May 2026

Decision date: 22 May 2026

Jurisdiction: Industrial Relations Commission

Before: Commissioner McDonald

Decision: (1) Pursuant to s 17 of the Industrial Relations Act 1996 (NSW) the Crown Employees (Fire & Rescue NSW Tradespersons) Award 2022 is rescinded effective on 3 July 2024.
(2) Pursuant to s 10 of the Industrial Relations Act 1996 (NSW), the Crown Employees (Fire & Rescue NSW Tradespersons) Award 2024 is made, effective on and from 3 July 2024, in the terms provided by the parties to the Commission on 20 May 2026.

Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Awards and enterprise agreements — Approval and creation — Finalisation of award — Award made

Legislation Cited: Industrial Relations Act 1996 (NSW), ss 10, 17

Cases Cited: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch v Industrial Relations Secretary on behalf of Fire & Rescue NSW [2026] NSWIRComm 1035

Texts Cited: Crown Employees (Fire and Rescue NSW Tradespersons) Award 2024
Crown Employees (Fire & Rescue NSW Tradespersons) Award 2022

Category: Principal judgment

Parties: Proceedings 2024/342301
Industrial Relations Secretary on behalf of Fire and Rescue NSW (Applicant)
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch (Respondent)
Proceedings 2024/238512
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch (Notifier)
(Respondent)

Representation: Counsel:
L Meagher (Applicant/Respondent)
A Guy with J Kadar (Respondent/Notifier)
Solicitors:
Crown Solicitor for NSW (Applicant/Respondent)
B Munoz, AMWU (Respondent/Notifier)

File Number(s): 2024/342301
2024/238512

Publication restriction: None

DECISION

1. By this decision I make orders to give effect to my decision in Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch v Industrial Relations Secretary on behalf of Fire & Rescue NSW [2026] NSWIRComm 1035 (FRNSW Tradespersons Case).

2. In the FRNSW Tradespersons Case I determined that a new award to be known as the Crown Employees (Fire & Rescue NSW Tradespersons) Award 2024 (2024 Award), is to be made, effective from 3 July 2024. The 2024 Award will apply to tradespersons employed by Fire & Rescue NSW (FRNSW) who are engaged in the inspection, servicing, maintenance, repair and testing of FRNSW fire appliances and associated equipment (to be classified as Fire Vehicle Repairers under the 2024 Award); and tradespersons who are engaged in the inspection, servicing, maintenance, repair and testing of FRNSW rescue tools (to be classified as Rescue Equipment Technicians under the 2024 Award).

3. I directed the parties to have discussions with a view to filing a draft of the 2024 Award that reflected my decision by 4pm on 6 May 2026, and, if they were unable to reach agreement as to the wording of any revised clauses, they were to each file a document setting out their competing draft clauses, addressing matters I had referred to in paragraph [15] of the decision, and indicating whether they were content for the Commission to determine the outstanding issues on the papers or whether they required the matter to be listed to enable them to make oral submissions.

4. Pleasingly, although the parties required some additional time to comply with my directions, on 20 May 2026 the Secretary filed an agreed draft Award on behalf of both parties, reflecting the Commission’s decision (save for in one respect, which I will shortly explain) and including some other agreed changes. The parties confirm that there are no outstanding issues to be determined.

5. The substantive agreed changes that were not changes required by my decision are:

6. at Table 1 (Wages), the wages for apprentices year 2 and 3, as at 3 July 2026, have been manually adjusted to ensure that there will no reduction in renumeration between 2025 and 2026 following the abolition of the Fire Equipment Allowance; and

7. allowances under Table 3B that were previously attached to the Skilled Trades Award (being the Tool Allowance, Meal Allowance, Travelling Time and Other Fares Allowance, and the Insurance of Tool Allowance) have been increased in accordance with the Sydney Consumer Price Index for March each year. The increase for July 2024 has been amended from 3% (pursuant to the interim Award variation made 13 May 2025 [1] ) to 3.8% (pursuant to the Sydney Consumer Price Index for March 2024).

8. At [15(6)] of the FRNSW Tradesperson Case, I determined that apprentice rates for the newly created classification of Rescue Equipment Technician (RET) should be included in the Award. By consent, the parties have agreed not to include any RET apprentice rates in the Award, as this role does not exist.

9. I am informed that FRNSW does not provide an apprenticeship programme for RET’s, nor has it done so in the past. It is also not anticipated that a RET apprenticeship programme will be introduced in the future. The reason for this is that the role does not require an apprenticeship programme, or a particular qualification, in order to commence working as an RET. As was noted at [14]-[15] of Mr Wilson’s affidavit of 22 August 2025 [2] , no specific trade qualification is required for recruitment as an RET, and their formal training consists of participation in a 4-day Holmatro Dealer Service Technician course.

10. In the circumstances I am satisfied that it is not necessary to include apprentice rates for RETs in the 2024 Award.

11. I am satisfied that the 2024 Award in the form filed by the Secretary on 21 May 2025 should be made and I congratulate the parties on reaching agreement in respect of the matters I had identified at [15] of the FRNSW Tradesperson Case*.*

12. I make the following orders:

13. Pursuant to s 17 of the Industrial Relations Act 1996 (NSW) the Crown Employees (Fire & Rescue NSW Tradespersons) Award 2022 is rescinded effective on 3 July 2024.

14. Pursuant to s 10 of the Industrial Relations Act 1996 (NSW), the Crown Employees (Fire & Rescue NSW Tradespersons) Award 2024 is made, effective on and from 3 July 2024, in the terms provided by the parties to the Commission on 20 May 2026.

Janet McDonald

Commissioner

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Endnotes

Crown Employees (Fire and Rescue NSW Tradespersons) Award 2022 – Award Variation [2025] NSWIRComm 1021.

Ex R6.