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[2026] NSWIRComm 1054
General information, not legal advice.
Industrial Relations Commission (NSW)
2026-07-02
Commissioner Webster
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation:
Hearing dates: 2 July 2026
Date of orders: 2 July 2026
Decision date: 02 July 2026
Jurisdiction: Industrial Relations Commission
Before: Commissioner Webster
Decision: (1) Pursuant to s 19(6) of the Industrial Relations Act 1996 (NSW), the Crown Employees (Department of Education) Cleaning Award 2026 is varied in the form filed by the parties in Exhibit 1.
(2) The proceedings are otherwise dismissed.
Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Industrial Relations Commission — Procedure and powers — Award variations
Legislation Cited: Industrial Relations Act 1996 (NSW) ss 3, 19
Cases Cited: Crown Employees (Department of Education) Cleaning Award 2026 [2025] NSWIRComm 1083
Category: Principal judgment
Parties: New South Wales Department of Education Secretary
United Worker’s Union
Representation: M Whitington, S Connelly, A Uren, T Babu, New South Wales Department of Education Secretary
A van Gent, United Workers Union
File Number(s): 2026/214390
Publication restriction: Nil
These proceedings concern the review of the Crown Employees (Department of Education) Cleaning Award 2026 (Award) pursuant to s 19 of the Industrial Relations Act 1996 (NSW) (IR Act).
The Award applies to about 700 cleaners that the Department of Education (Department) has insourced to attend to their facilities in the Hunter and Central Coast regions. It is a new award that was made by the Industrial Relations Commission (Commission) on 22 September 2025 and applies to a new cohort of employees: see Crown Employees (Department of Education) Cleaning Award 2026 [2025] NSWIRComm 1083 (new A****ward decision).
The Award was listed before me for a first call-over on 12 June 2026 together with a number of other award review matters concerning education employees. At that call-over, the parties in this matter indicated that the review of this Award was well advanced and could appropriately proceed separately from the more substantial reviews concerning the teachers and New South Wales Education Standards Authority (NESA) awards.
On behalf of the Secretary, Department of Education, Ms Connelly tendered a marked-up copy of the Award [2] and a table of changes represented in that document [3] . Both documents were admitted without objection. These changes represent the agreed position of the parties as to the amendments that should occur to the Award.
Most of the proposed changes were administrative in nature. They included the correction of spelling and formatting issues, the adoption of consistent terminology and drafting style and minor drafting updates. The most significant proposed amendment was the insertion of a lactation break clause.
The matter was listed before me today for mention. Consistent with the Commission’s powers to deal with matters informally and in a manner which it sees fit, I decided that it was appropriate to have discussions with the parties off the record so to understand more about the Award.
Through that process, the parties have advised the Commission that on 26 November 2025, a determination has been issued relating to transferring employees Extended and Long Service Leave Entitlements (Determination Number 6 of 2025). Having conferred with the parties, I am satisfied that, given the definite nature of the group of employees to which this determination applies, it is best that it is not contained within the Award to avoid confusion. I am satisfied that those to whom the determination applies are aware of it and are receiving the benefit of it.
I accept that the proposed amendments are directed to the statutory purpose of a review under s 19(2) of the IR Act*.* The amendments improve the clarity and ease of understanding of the Award.
Section 19(3) of the IR Act requires the Commission to take account of, among other things, rates of remuneration and other minimum conditions of employment, part-time work, casual work, dispute resolution procedures, issues of discrimination including pay equity, obsolete provisions or unnecessary technicalities and any other matter relating to the objects of the IR Act. Section 19(4) of the IR Act further requires the Commission to take account of the effect of the award on the productivity and efficiency in the industry concerned.
At the time of making the new Award decision, active consideration was given by the parties and the Commission as to whether a separate award covering cleaners in this sector was required. The parties also addressed how the terms and conditions of employment compared with those of employees performing similar or comparable work in the New South Wales public sector, where the rates are more or less the same as those applying to cleaners engaged under the Crown Employees (Security and General Services) Award: new Award decision [8] - [9].
The Award contains provision for rates of remuneration and minimum conditions, part-time work, casual work and dispute resolution procedures. I am satisfied that the review undertaken by the parties has addressed drafting and structural issues relevant to the modernisation of the Award.
I am further satisfied that the amendments proposed by the parties do not alter the essential industrial character of the Award. I also note that the Award supports the Department, as the direct employer of the employees, in ensuring that staff are appropriately remunerated and receive the applicable conditions of employment.
The insertion of a lactation break clause is also an appropriate modernising amendment. It reflects a contemporary public sector entitlement and is consistent with the objects of the Act, including the prevention and elimination of discrimination in the workplace and the promotion of fair and just industrial relations: ss 3 (a), (f) of the IR Act.
The parties confirmed that there have been no issues of interpretation arising in respect of the Award.
No contested issue has been identified during this review requiring separate determination. The parties presented the proposed amendments on a consent basis.
I do not consider that this review has disclosed any matter presently requiring a separate recommendation that the Award be further examined for gender-based undervaluation. If a future issue arises concerning undervaluation or any broader claim for variation, that can be dealt with in the ordinary course.
For those reasons, I am satisfied that changes should be made to the Award pursuant to s 19(6) of the IR Act in the form proposed by the parties.
I make the following orders:
Pursuant to s 19(6) of the IR Act*,* the Crown Employees (Department of Education) Cleaning Award 2026 is varied in the form filed by the parties in Exhibit 1.
The proceedings are otherwise dismissed.
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The substance of this decision was delivered ex tempore on 2 July 2026.
Exhibit 1
Exhibit 2