Public Health Service Employees Skilled Trades (State) Award 2024 [2025] NSWIRComm 1107 (12 December 2025)

R Bouwsema, Industrial Officer, CFMEU (Second, Third and Fourth Respondent)

E Ross, Industrial Officer, Unions NSW (Fifth Respondent)

1. This decision concerns an application by the Health Secretary, NSW Ministry of Health, for a new Award to be made pursuant to s 10 of the Industrial Relations Act 1996 (NSW) (IR Act), to be known as the Public Health Service Employees Skilled Trades (State) Award 2024, and for the Public Health Service Employees Skilled Trades (State) Award 2023 to be rescinded pursuant to s 17 of the IR Act.
2. The parties to the Award, which applies to tradespersons who are employed by the Health Secretary, are:

(1) the Health Secretary;

(2) the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (First Respondent).

(3) the Construction, Forestry, Mining and Energy Union (New South Wales Branch) (Second Respondent)

(4) the Electrical Trades Union of Australia, New South Wales Branch (Third Respondent)

(5) the New South Wales Plumbers and Gasfitters Employees' Union (Fourth Respondent).

1. While the application, which is consented to by all parties to the Award, was only filed on 8 December 2025 (No. 2025/475822), the making of the proposed Award will resolve two proceedings which commenced almost eighteen months ago.
2. On 28 June 2024 Unions NSW, on behalf of the Union parties named as respondents in this proceeding, filed a Notification of Industrial Dispute pursuant to s 130 of the IR Act (IRC No. 2024/239025) with respect to the pay and conditions in the 2023 Award. The notification indicated that the Unions had made a number of claims with a view to the making of a new award and had commenced negotiations with the Health Secretary with respect to those claims, however no resolution had been reached.
3. The Unions' claims were identified in the Notification as including, but were not limited to:

(1) that the award should be for one year;

(2) that the award should provide for fair and reasonable increases in pay (exclusive of superannuation);

(3) that the classification structure be modernised to reflect the work and experience of the skilled trades employees; and

(4) that the apprentice rates be increased to meet industry standards.

1. Two days later, on 1 July 2024, the Heath Secretary filed an application (No. 2024/242551) seeking to have the Commission make a new award to be known as the Public Health Services Employees Skilled Trades (State) Award 2024, with a three-year term and providing, inter alia, increases to existing salaries and salary-related allowances (exclusive of superannuation) of:

(1) 3% from the first full pay period on or after 1 July 2024;

(2) 3% from the first full pay period on or after 1 July 2025; and

(3) 3% from the first full pay period on or after 1 July 2026.

1. The matters were initially listed before the President on 3 July 2024, before being allocated to me for conciliation. I conducted conciliations of the two matters on 26 July 2024, 3 September 2024, 4 October 2024 and 8 November 2024. Due to the protracted nature of the negotiations, in December last year the parties agreed, on a without prejudice basis, to vary the 2023 Award by consent to provide an increase of 3% to salaries and salary related allowances from 1 July 2024. The variation to the 2023 Award was made on 17 December 2024: Public Health Service Employees Skilled Trades (State) Award 2023 - Award Variation [2024] NSWIRComm 1078.
2. Thereafter the parties continued their negotiations, with the matters returning to me for conciliation on 26 March 2025, 5 May 2025 and 13 May 2025. On 17 June 2025 I made directions for the filing of evidence and submissions, to ready the matters for hearing. On 1 August 2025 the President, pursuant to Award Making Principle 9.1, allocated the matter to me for hearing, rather than have the matter heard by a Full Bench. On 4 August 2025, and in accordance with the parties wishes and availability, I set the matters down for hearing on 9, 10 and 11 December 2025.
3. The Union parties filed their evidence and submissions on 19 September 2025. Upon reading the submissions and further considering the matters it seemed to me that the parties were not terribly far from being able to reach an agreed position. I determined that there may be benefit in having the parties attempt a final conciliation. Accordingly, I listed the matters for further conciliation on 14 October 2025. The matter did not settle on that day, however I made a private recommendation to the parties in an effort to assist the parties reach a settlement of the matters without the need for a hearing. I also amended the timetable for the Secretary to file evidence and submissions but otherwise confirmed that the hearing would proceed on 9, 10 and 11 December 2025.
4. On 30 October 2025 the parties jointly requested that the hearing dates be vacated on the basis that they were very close to reaching an agreement that would dispose of the proceedings. They indicated that "in the unlikely event that the parties do not reach an agreement, the parties would prefer to engage in a further conciliation rather than proceeding to hearing at the end of the year". In the circumstances I acceded to the request and listed the matter for report back on 3 December 2025. At the request of the parties that date was later adjourned to 9 December 2025, however on 8 December 2025 the consent application was filed, with a request that the matters be determined in chambers, on the papers, and accordingly the listing on 9 December 2025 was vacated.

1. Section 10 of the IR Act provides that the Commission may make an award in accordance with the IR Act 'settling fair and reasonable conditions of employment for employees". Section 17 provides that the Commission may rescind an award with the mutual consent of all the parties to the making of the original award, and ss 11, 13 and 15 of the IR Act, which apply to the making of awards, also apply to any such recission.
2. Further, 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.
3. Draft consent orders signed by representatives of each of the parties to the Award and Unions NSW, were filed with the application and I am satisfied that the application for the new Award is consented to by all the parties.
4. The proposed new Award alters the terms of the 2023 Award to achieve the following outcomes:

(1) a 10% increase in salaries and salary related allowances (excluding the mandatory increases to superannuation) to employees under the Award over a period of 3 years comprising of an increase of:

(a) 4% to take effect from the first full pay period on or after 1 July 2024 (which includes the 3% increase provided for in the 17 December 2023 variation to the 2023 Award);

(b) 3% to take effect from the first full pay period on or after 1 July 2025;

(c) 3% to take effect from the first full pay period on or after 1 July 2026.

(2) a proposed amendment to cl 3A that enables staff progression based on years, effective from the first full pay period on or after 1 July 2025;

(3) the creation of new classifications of "Apprentice- School Based" and "Apprentice- Non-School Based" with higher rates of pay to replace the current "apprentice" classifications effective from the first full pay period on or after 1 July 2025;

(4) the insertion of a new cl 3C requiring consultation between the Unions and the Ministry of Health as to the courses approved by the Ministry of Health for the purposes of incremental progression.

(5) the insertion of a new cl 29 which clarifies existing entitlements for family and domestic violence leave as contained under the NSW Health Policy PD2024_046 Leave Matters as amended or replaced from time to time;

(6) an updated No Extra Claims clause in accordance with the NSW Government Fair Pay and Bargaining Policy 2024-2025; and

(7) minor amendments to modernise the Award and correct typographical errors.

1. The proposed new Award is to apply for three years, effective from 1 July 2024, save for the changes outlined above at (2) and (3) above, which will take effect from 1 July 2025.
2. The new Award will rescind and replace the 2023 Award.

1. In support of the application the Health Secretary relied on an affidavit of Alice Murphy, Director, Industrial Relations and Workplace Change, NSW Ministry of Health, affirmed on 5 December 2025. Ms Murphy deposed that the proposed 2024 Award meets the requirements for approval under ss 23 and 146(2) of the IR Act. Specially Ms Murphy gave the following evidence:

"Equal Remuneration

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

8. To the best of my knowledge, the proposed new 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 promote equal access to employment for men and women.

Public Interest

9. The making of the proposed new Award is in the public interest, having regard to the factors in ss 3 and 146(2) of the IR Act, as well as that the parties to the Award have negotiated and seek the proposed variations by consent.

Objects of the IR Act

10. The proposed new Award accords with the objects in s 3 of the IR Act, as, in my opinion, the increase in salaries and salary-related allowances provided and the other amendments to the Award:

a. will support the attraction and retention of staff to ensure the continued effective and efficient delivery of health services; and

b. will promote efficiency and productivity in the economy of the State of NSW by supporting the provision of ongoing quality health services to the community.

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

11. The proposed new Award covers a workforce of approximately 500 full-time equivalent employees (as at 29 April 2025).

12. It is, therefore, not expected that the making of the proposed new Award will have an adverse effect on the state of the economy of New South Wales or the fiscal position and outlook of the NSW Government as the Award covers a relatively small numbers of employees.

13. Further, to the best of my knowledge, information and belief, the terms of the proposed new Award were approved by the NSW Government after taking into account the NSW economy, the fiscal position and outlook of the Government and the likely effect of the creation of the proposed new Award on the NSW economy, fiscal position and outlook."

1. Ms Murphy also gave the following evidence in respect of the 'no-extra claims' clause in the proposed Award:

"The proposed new Award includes an updated no extra claims clause that is agreed between the parties. This clause, on its terms, does not prevent the parties from continuing collaborative discussions during the term of the proposed new Award to deliver additional enhancements to remuneration 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. The clause also provides that 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. I consider that the requirements of s 10 of the IR Act are satisfied based on:

(1) the 2024 Award continuing the terms of the 2023 Award, save for the amendments identified which objectively improve the conditions of employment for employees;

(2) all parties consenting to the Award, notably after protracted negotiations; and

(3) the evidence of Ms Murphy that the Award provides equal remuneration and other conditions of employment for men and women.

1. I also note that the proposed new Award will introduce paid family and domestic violence leave (cl 29); amend the time periods for notice of termination (cl 4C) and continue the provision of paid and unpaid parental leave, in compliance with Division 2A of Pt 6-3 of the Fair Work Act 2009 (Cth).
2. I consider that the requirements of s 11 of the IR Act are satisfied based on:

(1) the application having been made by an employer;

(2) the 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 2024 Award because they have either members who will be covered by the Award, or is the employer of employees to be covered by the Award.

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

(1) the 2024 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 2024 Award otherwise apparently complying with the requirements as to form and procedure for its making, as set out in the regulations and rules of the Commission.

1. I consider that the requirements of s 14 are satisfied based on the 2024 Award containing a dispute resolution procedure in cl 31, which includes procedures for discussion (consultation) at the workplace and the involvement of the relevant industrial organisations.
2. I am satisfied that the Award can apply retrospectively (from 1 July 2024) despite the application for it having only been lodged with the Industrial Registrar on 8 December 2025, because "the industrial dispute giving rise to the award was notified to the Commission" on 28 June 2024 and because the Award is consented to and the Award will set conditions of employment for employees of a single employer, the Health Secretary: ss 15(3)(c), and 15(4)(b), IR Act.
3. The requirements of s 16 are satisfied as the nominal term of the Award is three years.
4. Principle 4 of the 2024-2025 Award Making Principles provides:

"4. No extra claims commitments

4.1 A consent application to make or vary an award may involve parties giving a no extra claims commitment in agreed terms. Such a commitment may take the form of an undertaking to the Commission not to pursue claims for extra or reduced terms and conditions that would take effect during the nominal term of the award, with or without identified exceptions.

4.2 Absent extraordinary circumstances, the Commission will not vary or make an award that is inconsistent with a no extra claims commitment unless otherwise expressly permitted by the award or by consent of the parties.

4.3 The Commission will not include in an award a clause that prohibits a party making an application under the Act or participating in proceedings under the Act."

1. Clause 38 of the proposed Award is in the following terms:

"(i) 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 this 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.

(ii) This undertaking does not prevent the parties from continuing collaborative discussions during the term of this Award to deliver additional enhancements to remuneration 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.

(iii) The parties are not prevented from commencing any proceedings with respect to the interpretation, application or enforcement of existing award provisions."

1. Although cl 38(iii) is expressed in somewhat confined terms which, it could be argued, might only permit proceedings of the kind described in the clause, such that it could fall foul of sub-principle 4.3, I do not consider that that is the intention of the parties and I am otherwise satisfied that the 'no extra claims' clause in the Award is in conformity with Principle 4.
2. I consider that it is in the public interest to make the 2024 Award. In arriving at this decision I have taken into account the objects of the Act, as set out in s 3, and in particular those matters referred to in Ms Murphy's evidence set out at [17] above.
3. Section 3(i) provides that one of the objects of the IR Act is:

"to encourage strategies to attract and retain skilled staff where there are skill shortages so as to ensure effective and efficient delivery of services."

1. Ms Murphy stated in her affidavit that the increases in salaries and salary-related allowances and other amendments to the Award "will support the attraction and retention of staff to ensure the continued effective and efficient delivery of health services". No evidence was given as to whether there are in fact skill shortages or how the amendments will achieve the object in s 3(i), however, I am aware from my involvement in the conciliations in proceedings 2024/239025 and 2024/242551, and from evidence filed by the Unions in those proceedings, that it is alleged that the apprentice rates, criteria for progression and rates of pay provided for in the 2023 Award have contributed to difficulties in attracting and retaining staff and that there are staff shortages. It is reasonably common knowledge that at present, across Australia, there is a shortage of qualified tradespersons and unfortunately it seems NSW Health is experiencing the same difficulties in obtaining qualified staff as those experienced by persons and businesses across the country. This is unfortunate to say the least, as the employees covered by the Award provide critical services to enable our hospitals and medical centres to function properly. The new Award will include changes to apprentice rates, the criteria for progression and rates of pay, such that I consider that the changes will assist the object stipulated in s 3(i).
2. I have also considered the matters identified as requiring consideration in s 146(2)(b) and (c) of the IR Act, namely, the likely effect of the decision to make the 2024 Award on the economy of New South Wales and the fiscal position and outlook of the Government and the likely effect of the making of the 2024 Award on the position and outlook. On the basis of the evidence of Ms Murphy that approximately 500 full-time equivalent employees (as at 29 April 2025) will be covered by the 2024 Award, I consider that the making of the 2024 Award will have a negligible impact on the economy and the fiscal position and outlook of the Government.
3. In deciding it is in the public interest to make the 2024 Award, I have also had due regard to the fact that the parties all consent to it. While I consider it most regrettable that it took so long for the parties to reach a consent position in respect of this Award, particularly where the employees are not highly paid, yet perform essential and important work, I do congratulate the parties on finally reaching agreement without the need for a hearing and without the dispute seeing another Christmas.
4. For these reasons, I have decided it is appropriate to order the making of the 2024 Award in the terms sought by the application filed on 8 December 2025 and to rescind the 2023 Award. As the making of the 2024 Award will resolve the dispute brought in proceeding no. 2024/239025, and the application for the 2024 Award filed on 8 December 2024 superseded the application brought by the Health Secretary in proceeding no. 2024/242551, I propose to dismiss those proceedings.

(1) By consent, pursuant to s 10 of the Industrial Relations Act 1996, the Public Health Service Employees Skilled Trades (State) Award 2024 is made in the terms set out in Schedule A to the application filed on 8 December 2025 in proceeding no 2025/475822, (being a marked up version of the Award), with effect from 1 July 2024, save for where expressly indicated in the Award.

(2) By consent, pursuant to s 17 of the Industrial Relations Act 1996, the Public Health Service Employees Skilled Trades (State) Award 2023 is rescinded.

(3) Proceedings no. 2024/239025 and 2024/242551 are dismissed.

(4) The Health Secretary is to provide to the Industrial Registrar, by 10:00am on Tuesday 16 December 2025, a clean version of the Award as made by Order 1.