This decision concerns an application for a new award filed for the Secretary, Department of Education by the Department of Education ("the Applicant") with the consent of the United Workers Union ("UWU").[1] It will cover about 500 cleaners the Department of Education intends to insource to attend to their facilities in the Hunter and Central Coast regions.
The application seeks the Commission, pursuant to s 10 of the Industrial Relations Act1996 NSW ("the Act"), to make the Crown Employees (Department of Education) Cleaning Award 2026 ("the Proposed Award"). The Applicant relies upon an affidavit, affirmed on 25 August 2025, of Marisa Whitington, the acting Executive Director, Employee Relations, NSW Department of Education.
I have decided to make the award in form filed with the Commission.
[2]
Ms Whitington, in her affidavit, gave evidence that the proposed award provides for the equal remuneration for men and women because, amongst other things, it contains a single classification of all employees regardless of gender, as well as a gender-neutral paid parental leave.
Ms Whitington also affirmed that the proposed award was in the public interest as it would enable the Department of Education to become the employer of cleaning staff in the Hunter and Central Coast region, which would deliver stronger employee protections and conditions.
Ms Whitington also gave evidence that the proposed award promoted efficiency and productivity in the State of New South Wales, as well as promoting participation in industrial relations by employees, their representatives and employers by providing for consultation on proposed major work changes.
Ms Whitington also affirmed that the proposed award would cover 400 employees in her affidavit. However today, she indicated that that number is perhaps closer to 500 employees and, therefore, would have little impact on the economy of New South Wales nor the fiscal position of the government.
Prior to the hearing of the application, I asked that the parties provide additional evidence to the Commission with respect to how the rates of pay compared to those applying to other cleaners in the New South Wales public sector doing similar or comparable work.
Ms Whitington this morning has provided the Commission with some detail in respect of the steps that were undertaken to identify whether there was another award that might reasonably or otherwise apply to the cleaners. The Crown Employees (Security and General Services) Award was reviewed, and it was decided significant revision would be required to it for the relevant employees to be covered. It was decided to create a new, independent award, which could also be used in the future to include other cleaning employees from other regions working for the Department of Education.
I am satisfied that the award provides for fair and reasonable pay and conditions for those employees based on the additional information that has been provided to me today. Although the affidavit and material filed with the Commission indicated that the pay and conditions were higher than the Federal modern award which applies to the relevant work, this is a paid rates award, not a safety net minimum award. I note in that regard that the Crown Employees (Security and General Services) Award provides for just a small amount more, being $27.87 per hour, whereas this award provides for $27.15 per hour. The parties submitted and I accept that this is more or less on par.
In also observe that there are other terms and conditions of employment in the proposed award which exceed that of the modern award. By way of example, the proposed award provides for more beneficial parental leave provisions and to the extent that there are terms and conditions which are higher under the Federal system, those have been adopted in the proposed award as well. The pay itself is higher than the Federal modern award by approximately 5%.
So based on that and also the "enthusiastic consent" with which the UWU comes to the Commission today, I am satisfied that all of the requirements of the Act have been met. Pursuant to sub-principle 3.1(6) of the 2024-2025 Award Making Principles: State Wage Case 2024 (No 4)[2024] NSWIRComm 25; 337 IR 182 an award may be made without an application needing to be considered as an arbitrated case under principle 9 where the application is consented to by the parties and where the award otherwise complies with the requirements of the Act.
I am satisfied that the application for the proposed award is made by consent and, after hearing from the parties today, I am satisfied the proposed award provides for a fair and reasonable remuneration. I am satisfied the proposed award provides equal remuneration for men and women doing work of equal or comparable value.
Having regard to the evidence and what has been put today, I am satisfied the public interest to make the proposed award and that all relevant statutory requirements have been met. In particular, ss 14, 15, 21 and 22 of the Act have been satisfied.
I therefore make the consent order as follows:
[3]
(1) Pursuant to s 10 of the Industrial Relations Act the Crown Employees (Department of Education) Cleaning Award 2026 is made to the effect from 1 January 2026 in the form with the application in respect of an industrial instrument filed on 25 August 2026 and shall remain in force until 30 June 2027.
[4]
On 10 October 2025, Commissioner Webster made the following Consent Orders correcting typographical errors in the Crown Employees (Department of Education) Cleaning Award 2026 made on 22 September 2025:
[5]
Pursuant to rule 9.4 of the Industrial Relations Commissions Rules 2022 (NSW) the Crown Employees (Department of Education) Cleaning Award 2026 (Award) shall be corrected as follows:
[6]
(1) Clause 16.3.1 of the Award shall read: 'An employee who is placed in charge of other employees shall receive an allowance per week of the amount specified in Item 3 of Schedule 2 - Allowances depending on the number of other employees of which the employee is in charge;' and
[7]
(2) Schedule 3 bullet point 17 of the Award shall read: 'carrying out those roles expected of a leading hand (subject to the provision of the applicable allowance in accordance with clause 16.3 - Leading hand allowance); or'.
[8]
[1] The substance of this decision was delivered ex tempore on 22 September 2025 at the hearing of the application. Non-substantive changes have been made to the decision for publication.