Re Crown Employees (Public Sector âe" Salaries 2024) Award - Consent variation re Psychologist rates [2025] NSWIRComm 1045 (7 July 2025)

(1) The salaries for those employees covered by it, including in cl 6.2 an acknowledgment that "The salary rates and allowances set at the date of commencement of this Award will increase in accordance with the Crown Employees (Public Sector - Salaries 2021) Award and any variation of replacement award";

(2) Some conditions specific to the employees covered by it (including descriptors for the classifications covered by the Award, a scheme for the appointment and progression of employees covered by the Award, and a small number of conditions specific to the positions covered by the Award); and

(3) An acknowledgement in cl 7.1 that employees covered by the Psychologists Award are be entitled to the conditions of employment as set out in the then current Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009).

1. The Salaries Award was varied by consent in late 2024, providing adjustments to the salaries and salary related allowances in the various Awards and agreements captured within that omnibus award, to provide, amongst other things, a 4% increase from the first full pay period on or after 1 July 2024, a further increase of 3% from the first full pay period on or after 1 July 2025 , and yet a further increase of 3% from the first full pay period on or after 1 July 2026.
2. The variation to the Salaries Award included a number of alternate increases reflecting agreements reached relating to specific classifications and/or specific awards. The Psychologists Award was one such Award, the relevant alternate arrangement now found in cl 3(iv)(d) of the Salaries Award providing:

"The Crown Employees (Psychologists) Award - an interim increase of 3% to be applied from the first full pay period to commence on or after 1 July 2024 with increases effective from the first full pay period to commence on or after 1 July 2025 and 1 July 2026 to be determined following resolution of negotiations between the parties for a new award".

1. Clause 8 of the Salaries Award, entitled No Extra Claims, reflected that arrangement, expressly providing (amongst other things) a carve out from the general no-extra claims commitment in cl 8(i) as follows: "Leave is reserved to the parties to make an application to commence proceedings in the Industrial Relations Commission of New South Wales, after all efforts have been exhausted, to resolve salaries and conditions claims for Psychologists, Child Protection Employees and Fisheries Employees".
2. I understand the negotiations for a new award to cover the relevant cadre of psychologists continue.
3. The current consent application provides a further amendment to cl 3(iv)(d) of the Salaries Award, and an increase in the rates of salary and salary related allowances in the tables within Part B of the Salaries Award that relate to the Psychologists Award, to give the parties further time to negotiate and finalise the terms of a new award.
4. The application seeks the proposed variation be made as it:

(1) Is made with consent of the parties to the Salaries Award and the Psychologists Award (in accordance with s 17(3)(a) of the Act);

(2) Is not contrary to the public interest (and is in fact in the public interest0, in accordance with s 17(3)(d) of the Act for the reasons outlined in the relevant supporting affidavit; and

(3) Provides for equal remuneration and other conditions of employment for men and women doing work of equal or comparable value, for the reasons outlined in the relevant supporting affidavit.

1. The supporting affidavit is that of Mr Jarvis Ryan, a Senior Advice, Public Sector Industrial relations within the Industrial relations Branch of the NSW Premier's Department, dated 3 July 2025. It is unnecessary to set out the detail of the affidavit for the purpose of this decision. It is sufficient to note the affidavit, in part framed as something of a submission, addresses the matters required by rule 6.8 of the Industrial Relations Commission Rule 2022 and otherwise addresses the key statutory criteria for variation of an Award under ss 10, 15 and 17 of the Act, and the mandatory considerations in ss 23, 146 and 169 of the Act.
2. I am satisfied, having regard to the grounds in the Application and the affidavit of Mr Ryan, that the variations made by this application:

(1) Are made with the mutual consent of all of the parties to the making of the Salaries Award and the Psychologists Award (s 17(3)(a) of the Act);

(2) That making the variations sought, notably by consent, is not contrary to the public interest, that there are substantial reasons to make them (s 17(3)d) of the Act), and the variations will set fair and reasonable conditions of employment (s 10 of the Act) noting:

(a) The nature and content of the variations is to essentially facilitate pay increases otherwise agreed and applied across the public service pursuant to an agreement reached in late 2024, albeit the increase in rates from 1 July 2024 and 1 July 2025 is in reverse order for psychologists (the public sector having an initial rate adjustment of 4% in July 2024 and a 3% adjustment in July 2025, psychologists having had a 3% adjustment in 2024 and now a 4% adjustment in 2025, additionally recognising there may be further rate adjustments prior to July 2026 in light of ongoing negotiations);

(b) The industrial context, noting movements in salary from July 2025 in light of negotiations surrounding a new Award was something contemplated when the Salaries Award was made in late 2024. Whilst it was then anticipated changes would flow once negotiations were finalised, there seems nothing in this application inconsistent with that commitment given the parties continue to seek to finalise negotiations for a new Award; and

(c) Their purpose, being to provide an adjustment to terms and conditions to permit additional time to the parties to finalise negotiations for a new Award to cover psychologists. I consider it is likely such an interim adjustment is likely to minimise industrial disharmony whilst those negotiations proceed, and as such may be seen as in the public interest.

(3) The variations simply increase rates in a classification and allowance structure already provided for by the Salaries Award (reflecting the classifications described in the Psychologists Award), which itself has already been accepted by the Commission as satisfying the statutory requirement in s 23 to provide "equal remuneration and other conditions of employment for men and women doing work of equal or comparable value". In light of that fact, and taking into account the content of the affidavit of Mr Ryan, I am well satisfied the award once varied would continue to provide equal remuneration and other conditions of employment for men and women doing work of equal or comparable value.

(4) As to s 146 of the Act, in forming my opinion that it is appropriate to make the variations sought taking account of the public interest, I accept the unchallenged evidence of Mr Ryan relating to subsections 146(2)(b) and (c) of the Act, and as such accept that the variations would not have any material adverse impact on the NSW economy or the fiscal position and outlook of the Government. In that connection, the variations:

(a) apply to a relatively small number of employees (some 363 full-time equivalent employees, all employed in the Communities and Justice Cluster); and

(b) are within the scope of what the NSW Government has budgeted for, noting in this connection they would provide a total 7% increase in rates from 1 July 2024 for those covered by the Psychologists Award as is otherwise the case for most of the public sector covered by the Salaries Award.

(1) The Crown Employees (Public Sector - Salaries 2024) Award is varied in accordance with the consent orders signed 27 June 2025, and Schedule C to the application (being the terms settled between the parties, itself an attachment to the consent orders).

[1] See s 51 of the Government Sector Employment Act 2013, noting a "Department" is a Department of the Public Service listed in Part 1 of Schedule 1 of the GSE Act

[2] See cl 11.1, Area Incidence and Duration, read with the Definition of "employees" in cl 2, and the classifications outlined in cl 3 of the Psychologists Award.