Higher School Certificate Marking and Related Casual Employees Rates of Pay and Conditions Award 2024 [2025] NSWIRComm 1054 (23 July 2025)

(1) a 3.5 per cent increase to salary and salary related allowances back-dated to the first full pay period on or from 1 July 2024,

(2) a 3 per cent increase to salaries and salary related allowances, backdated to the first full pay period on or from 1 July 2025; and

(3) a 3 per cent increase to salaries and salary related allowances from the first full pay period on or from 1 July 2026.

1. At the hearing, amendments were made to amounts set out at Table 4 of the proposed 2024 Award filed with the Application. These amendments were set out in an email trail dated 23 July 2025 between representatives of all of the parties and are consistent with Premier's Department Circular C2025-06 Meal, Travelling and Other Allowances for 2025-26. This email was accepted and marked Exhibit 2 in these proceedings.

1. The application was supported by an affidavit affirmed by Deanna Mohr on 10 July 2025.
2. Ms Mohr explained in her affidavit that:

"6. The proposed Award gives effect to increases to salaries and salary-related allowances of an average 9.5 per cent over three years, backdated to the first full pay period on or after 1 July 2024.

7. In my opinion the proposed Award meets the requirements for approval under ss 23 and 146(2) of the Industrial Relations Act 1996 (NSW) (the Industrial Relations Act) for the reasons explained below.

Equal Remuneration

8. The proposed Award provides equal remuneration and other conditions of employment for men and women under the Award who are performing work of equal or comparable value for the reasons that follow.

9. The proposed Award provides:

i. equal rates of pay and allowances for men and women for each classification,

ii. the same duties for men and women under each classification, and

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

10. The proposed Award contains clauses which can ensure equal remuneration and other conditions of employment for men and women as follows:

i. clause 22.1 outlines the intention of the parties to the award to seek to achieve the object ins 3(f) of the Industrial Relations Act to prevent and eliminate discrimination in the workplace.

ii. clause 22.2 provides that the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of the Award are not directly or indirectly discriminatory in their effects and provides the parties will make any application to vary the Award where any provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.

Public Interest

11. The making of this proposed Award is in the public interest, having regard to the factors in s 146(2) of the Industrial Relations Act.

Objects of the Industrial Relations Act

12. The proposed Award accords with the objects in s 3 of the Industrial Relations Act, for the following reasons:

i. clause 21 promotes efficiency and productivity in the economy of the State by providing that parties can continue collaborative discussions over the life of the Award to achieve industry wide and systemic efficiencies and productivity improvements to the delivery of Government services to the public and, where agreed, changes to conditions or salaries that provide this, may be jointly progressed through a consent variation application,

ii. clauses 20 promotes participation in industrial relations by employees and employers at an enterprise or workplace level by providing dispute resolution procedures for parties, and

iii. clause 22 is directed toward the prevention and elimination of discrimination in the workplace and in particular to ensuring equal remuneration for men and women doing work of equal or comparable value.

Economy of New South Wales

13. It is expected that the proposed Award will have a negligible impact on the state of the economy of New South Wales. The proposed Award will apply to approximately 5000 casual employees, equating to less than 1 per cent of employees in the NSW public sector. These casual employees are engaged on an a seasonal basis for three months each year to mark HSC examinations. The number of casuals employed, and the length of engagement is dependent on the number of students enrolled to take HSC examinations in that year

14. Additionally, the proposed wage increase is the NSW Government's budgeted wage increase.

Fiscal position and outlook of the Government

15. It is expected that the proposed Award will have a negligible impact on the fiscal position and outlook of the Government. The proposed wage increase is the NSW Government's budgeted wage increase.

16. The NSW Government's Senior Officials Wages Advisory Committee (SOWAC), as delegated decision makers for the NSW Government's Expenditure Review Committee (ERC), approved the retrospective application of the wage increase.

No Extra Claims

17. The proposed Award includes an updated no extra claims clause which provides that no party will unilaterally make a claim or institute proceedings in the NSW Industrial Relations Commission related to wages or conditions of employment prior to the nominal expiry of the Award other than as provided for in the Industrial Relations Act.

18. The updated no extra claims clause provides that the parties may vary the Award by consent prior to the nominal expiry of the Award."

1. 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 the 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 IR Act.
2. The parties to the 2021 Award are named as parties to the 2024 Award and are parties to this Application. They have consented to the making of the 2024 Award and that the 2024 Award is to rescind and replace the 2021 Award and all variations thereof. I am also satisfied that the parties have all consented to the amendments to the proposed 2024 Award reflected in Exhibit 2 made at the hearing today, 23 July 2025.
3. Pursuant to s 23 of the IR Act, whenever the Commission makes an award, it must ensure that the award provides equal remuneration and other conditions of employment for men and women doing work of equal or comparable value.
4. While there is no evidence as to the ratio of women to men covered by the Award, on the basis of Ms Mohr's uncontested evidence extracted at [7] above regarding the Equal Remuneration provisions within the Award, and the Federation's, the IEU's and the NTEU's support of this Application, I am satisfied that the proposed 2024 Award provides equal remuneration and other conditions of employment for men and women doing work of equal or comparable value.
5. The Award is to apply for three years effective from 1 January 2024. As the 2024 Award is being made by consent and the 2024 Award sets conditions of employment for employees of a single employer, namely the Industrial Relations Secretary, the proposed commencement date of 1 January 2024 is permitted by s 15(4)(b) of the IR Act.
6. The No Extra Claims clause in the proposed 2024 Agreement is in the following terms:

"21. The Industrial Relations Commission recognises that the parties have provided an undertaking that other than as provided for in the Industrial Relations Act 1996, there will be no further claims/demands or proceedings instituted before the NSW Industrial Relations Commission for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the Employees covered by the Award that take effect prior to the nominal expiry of the Award unilaterally made by a party to this Award unless otherwise agreed by the parties.

This undertaking does not prevent the Parties from continuing collaborative discussions during the life of the Award to deliver additional enhancements to remuneration and/or conditions of employment, and to achieve additional industry wide and systemic efficiencies and productivity improvements to the delivery of Government services to the public. Changes to conditions or salaries may be jointly progressed and, if agreed, an application to vary the Award may be made by consent prior to the nominal expiry of the Award."

1. The No Extra Claims clause is in the form of an undertaking, as envisaged by Award Making Principle 4, and represents a commitment by the parties on the terms set out.
2. Ms Mohr's evidence at par 12 addresses the clauses which she says accord with the objects set out at s 3 of the IR Act. These objects include promoting efficiency and productivity in the economy of the State, promoting participation in industrial relations, and preventing and eliminating discrimination in the workplace and ensuring equal remuneration (see also [12] above).
3. Ms Mohr's evidence at pars 13-14 address the matters at s 146(b) of the IR Act. She deposes that the proposed 2024 Award will have negligible impact on the economy of New South Wales as it applies to 5000 casual employees employed on as needs basis.
4. Ms Mohr's evidence at pars 15-16 addressed the matters at s 146(2)(c) of the IR Act which provides that the Commission must have regard to 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, when taking into account the public interest when exercising a function about public sector employees.
5. I accept all of the reasons why Ms Mohr says the making of the Award will be in the public interest, within the meaning of s 146(2)(a), (b) and (c) of the IR Act.
6. Paying due regard to the fact that this is a consent application, I am satisfied that the proposed 2024 Award sets fair and reasonable conditions of employment and that it is appropriate to make the 2024 Award under s 10 of the IR Act.

(1) Pursuant to s 17 of the Industrial Relations Act 1996 (NSW), the Higher School Certificate Marking and Related Casual Employees Rates of Pay and Conditions Award 2021 is rescinded.

(2) Pursuant to s 10 of the Industrial Relations Act 1996 (NSW), the Higher School Certificate Marking and Related Casual Employees Rates of Pay and Conditions Award 2024 is made with effect from 1 January 2024 in the form filed by the Industrial Relations Secretary on 15 July 2025 as amended on 23 July 2025 in accordance with Exhibit 2.

23 July 2025 - Minor amendment made - decision make added to end of decision