Re Health Employees' Administrative Staff (State) Award 2024 and other Health Awards [2025] NSWIRComm 29 (14 October 2025)

(1) 4.5%, effective from 1 July 2025, inclusive of the statutory 0.5% increase in superannuation, and

(2) 4.0%, effective from 1 July 2026.

1. The offer contained a proposal for a new 2025 MOU which would enable a continuation of award reform negotiations which aim to consolidate some 30 plus awards and 20 related determinations to about 6 awards. It also contemplated consent in advance for the parties to be able to make applications to arbitrate to resolution listed matters that the parties identify are likely to not be able to be resolved by conciliation.
2. On 18 August, the HSU responded to NSW Health and informed it that a majority of members had accepted NSW Health's offer. At the report back on 19 August, the parties informed me that they would finalise the terms of the new 2025 MOU that would, amongst other things, record an agreement to make consent applications for the awards that are the subject of this dispute to give effect to the pay increase and specify the extent to which it was accepted that the HSU could make applications to arbitrate certain issues.
3. As foreshadowed, on 29 September 2025, the Health Secretary filed 30 consent applications for the awards that are the subject of this decision.
4. On 7 October 2025, the Health Secretary filed an affidavit from Alice Murphy, the Director of Industrial Relations and Change at NSW Health, in support of the applications. Ms Murphy is an experienced practitioner with many years' experience who holds a very senior position within NSW Health. As such, I can place weight on her opinions, noting they are uncontested.

1. The consent applications reveal that the parties entered into a new MOU on 18 September 2025. That MOU is referred to in the no extra claims clauses in each award, which are in the following terms:

"The parties have agreed to a Memorandum of Understanding on 18 September 2025 in relation to claims impacting this Award. Consequently, this clause does not preclude the parties from pursuing arbitrated outcomes in the Industrial Relations Commission, consistent with the terms of the MOU, which can take effect as determined by the Industrial Relations Commission.

The Industrial Relations Commission recognises that other than the matters dealt with in, or contemplated by the agreed MOU, or as otherwise provided for in the Industrial Relations Act 1996, parties have given an undertaking not to pursue 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 the Award unless otherwise agreed by the parties.

This clause 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. In her affidavit, Ms Murphy stated that the no extra claims clauses in the proposed awards are intended to facilitate the ongoing award reform process outlined in NSW Health's letter of offer to the HSU on 5 August 2025 (attached as Annexure A to her affidavit) and the HSU's letter of acceptance on 18 August (attached as Annexure B). In Annexure A, the NSW Health Secretary summarised the expected terms of the MOU:

"The Ministry of Health proposes to enter into a new Memorandum of Understanding (MOU) for the classifications outlined in Annexure B of the 2024 MOU. The Ministry of Health is committed to the continuation of the award reform process.

The Ministry agrees with the HSU's proposal to consolidate existing awards. Part of this consolidation would be consideration of the creation of a singular Health Professionals Management Classification scale.

While the Ministry of Health agrees to create these new awards, the terms and conditions and classification structures contained will continue to be negotiated. To this end the parties will commit to a further period of intensive negotiations to be completed by November 30, 2025. In accordance with the NSW Government Fair Pay and Bargaining Policy 2024-25, the Ministry consents in advance to having the Allied Health, Health Professionals, Ambulance Managers, and Ambulance Non-Paramedic Control Centre Awards arbitrated if there is no agreement after this time."

1. The NSW Health Secretary also proposed that the MOU would include consent in advance to the following matters being referred to the Industrial Relations Commission after 1 July 2026 for arbitration if no agreement can be reached:

"1. Enforceable rights to uninterrupted meal breaks, and a ten-hour break between shifts and recalls to duty (10-hour break between shifts agreed above).

2. Additional days of sick and carers leave (consistent with the conditions in the Crown Award).

3. Continued negotiation with the Ministry of Health around Union Delegate rights.

4. Improved consultation about workforce changes and workload management.

5. Amalgamation of the core conditions award with the exclusion of matters that have an identifiable cost to NSW Health."

1. In her affidavit, Ms Murphy deposed that the proposed awards:

(1) provided for an increase in remuneration of 4.5% from 1 July 2025 inclusive of the statutory 0.5% increase in superannuation, and 4.0% from 1 July 2026;

(2) included improved conditions for employees covered by the Health Employees' Conditions of Employment (State) Award 2025, namely:

"a. An update to clause 16- Annual Leave to specify the accrual of annual leave accrues on a day to day basis.

b. The amendment of clause 11(i) of the existing Award to remove the restriction of Health Manager from working shift work and receiving shift penalty rates.

i. Consequential amendments to clause 4 have been made to provide the rostering provisions of this clause to Health Managers.

c. Amendment to clause 8 - Higher Grade Duties to allow payment of higher grades duties for workers after three days from the requirement of five days in the existing Award.

d. Amendment to clause 3 - Hours of Work to increase the minimum break between rosters shift from 8 hours to 10. This amended clause still allows for an 8 hour break by consent of the Union.

i. Consequential amendments to clause 9 have been made to increase the time between overtime shifts to 10 hours unless an agreement for 8 hours exits.

e. Amendment to clause 4 - Rosters to increase the minimum notice for the display of rosters from two weeks to four weeks prior to the commencement of the roster period.

f. Replacement of clause 43 -Trade Union Leave to confirm the entitlements to Trade Union Training Leave consistent with the existing provisions of PD2023_046 Leave Matters for the NSW Health Service."

(3) included improved conditions for employees covered by the Public Hospitals (Professional and Associated Staff) Conditions of Employment (State) Award 2025, namely:

"a. An update to clause 12 - Annual Leave to specify that annual leave accrues on a day to day basis.

b. Amendment to clause 7 - Higher Grade Duties to allow payment of higher grades duties for workers after three days rather than the requirement of five days in the existing Award.

c. Amendment to clause 2 - Hours of Work to increase the minimum break between rosters shifts from 8 hours to 10. This amended clause still allows for an 8 hour break by consent of the Union.

i. Consequential amendments to clause 8 has been to increase the time between overtime shifts to 10 hours unless an agreement for 8 hours exits.

d. Amendment to clause 3 - Rosters to increase the minimum notice for the display of rosters from two weeks to four weeks prior to the commencement of the roster period.

e. Insertion of a new clause to establish an entitlement to Trade Union Training Leave consistent with the existing provisions of PD2023_046 Leave Matters for the NSW Health Service."

(4) included improved conditions for employees covered by the Hospital Scientists (State) Award 2025, namely:

"a. An update to clause 13 - Annual Leave to specify that the accrual of annual leave accrues on a day to day basis.

b. Amendment to clause 11 - Higher Grade Duties to allow for payment of higher grades duties for workers after three days rather than requirement of five days in the existing Award.

c. Amendment to clause 4 - Hours of Work to increase the minimum break between rosters shift from 8 hours to 10. This amended clause still allows for an 8 hour break by consent of the Union.

i. Consequential amendments to clause 8 have been made to increase the time between overtime shifts to 1 0 hours unless an agreement for 8 hours exits.

d. Amendment to clause 6 - Rosters to increase the minimum notice for the display of rosters from two weeks to four weeks prior to the commencement of the roster period.

e. Insertion of a new clause to establish an entitlement to Trade Union Training Leave consistent with the existing provisions of PD2023_046 Leave Matters for the NSW Health Service."

(5) included improved conditions for employees covered by the NSW Ambulance Control Centre Officers (State) Award 2025, namely:

"a. Clause 3(1) has been updated to include further provisions of the NSW Ambulance Paramedics (State) Award to give effect to the offer detailed in Annexure A.

b. The creation of clause 5(a) to give effect to the enhanced condition of four-week notice of rosters being provided to employees.

c. The creation of clause 6 to enable annual leave to be progressively accrued."

(6) included an improved condition for employees covered by the Operational Ambulance Managers (State) Award 2025, namely:

"a. Amendment to clause 21 (a) to specify the accrual of annual leave accrues on a day to day basis."

(7) provided for an updated area, incidence and duration clause to allow for the staggered implementation of new conditions in the five awards at (2)-(6).

1. I am satisfied in light of the evidence that the proposed awards set fair and reasonable conditions of employment and that it is appropriate to make the awards pursuant to s 10 of the Act.
2. In doing so, I have regard to the fact that the proposed awards provide equal remuneration and other conditions of employment for men and women doing work of equal or comparable work, pursuant to s 23 of the Act. Ms Murphy gave evidence that the proposed awards provide equal rates of pay and allowances, eligibility criteria for employment, duties, and conditions of employment for men and women under each job classification.
3. I also consider that the evidence indicates that the making of these new awards will be in the public interest, pursuant to s 146(2) of the Act.
4. I emphasise in that regard the evidence given by Ms Murphy that these awards are part of a broader process to reform NSW Health Awards, which has involved "extensive collaborative discussions" and "ongoing cooperation between the parties towards substantive award reforms", and is reflective of the parties' focus on cooperative workplace reform and productive workplace relations.[1] That process continues to progress under my supervision, but it is important that delays in the finalisation of that modernisation process do not prevent suitable wage increases occurring in the meantime, lest that cause the workforce to lose confidence in the process.
5. I note that the proposed awards reflect the offer made by the Health Secretary which I infer would not have been made if the NSW Government had determined it was inconsistent with its fiscal position. That is confirmed by the evidence of Ms Murphy that, to the best of her knowledge and belief, the Government has considered the effect of the proposed awards on its fiscal position and outlook and the NSW economy.
6. As the proposed awards are made by consent and set conditions of employment for employees of a single employer (the Health Secretary), they may apply retrospectively from 1 July 2025, pursuant to s 15(4) of the Act.

(1) Pursuant to s 17 of the Industrial Relations Act 1996 (NSW), the Awards in Annexure A are rescinded.

(2) Pursuant to s 10 of the Industrial Relations Act 1996 (NSW), the Awards in Annexure B are made with effect from 1 July 2025 in the form filed by the Health Secretary on 29 September 2025.

(1) Health Employees' Administrative Staff (State) Award 2024

(2) Health and Community Employees' Psychologists (State) Award 2024

(4) Health Employees' Medical Radiation Scientists (State) Award 2024

(5) Health Employees' Pharmacists (State) Award 2024

(6) Health Employees' Conditions of Employment (State) Award 2024

(7) HealthShare NSW Patient Transport Officers' (State) Award 2024

(8) Health Employees' Computer Staff (State) Award 2024

(10) Health Employees' Oral Health Therapists (State) Award 2024

(11) Health Employees' General Administrative Staff (State) Award 2024

(12) NSW Ambulance Control Centre Officers (State) Award 2024

(13) Public Hospital (Training Wage) (State) Award 2024

(14) NSW Health Service Allied Health Assistants (State) Award 2024

(15) Public Hospital Professional Engineers' (Bio-medical Engineers) (State) Award 2024

(16) NSW Health Service Health Professionals (State) Award 2024

(17) Health Employees' Engineers (State) Award 2024

(20) Health Employees Dental Prosthetists and Dental Technicians (State) Award 2024

(21) Public Hospital Medical Physicists (State) Award 2024

(22) Public Hospitals Library Staff (State) Award 2024

(23) Health Professionals Salaries (State) Award 2024

(24) Health Employees' Interpreters' (State) Award 2024

(26) Public Hospitals Dental Assistants (State) Award 2024

(27) Public Hospitals Medical Record Librarians (State) Award 2024

(28) Public Hospitals (Professional and Associated Staff) Conditions of Employment (State) Award 2024

(29) Operational Ambulance Managers (State) Award 2024

(30) Health Employees' Dental Officers (State) Award 2024

(1) Health Employees' Administrative Staff (State) Award 2025

(2) Health and Community Employees' Psychologists (State) Award 2025

(4) Health Employees' Medical Radiation Scientists (State) Award 2025

(5) Health Employees' Pharmacists (State) Award 2025

(6) Health Employees' Conditions of Employment (State) Award 2025

(7) HealthShare NSW Patient Transport Officers' (State) Award 2025

(8) Health Employees' Computer Staff (State) Award 2025

(10) Health Employees' Oral Health Therapists (State) Award 2025

(11) Health Employees' General Administrative Staff (State) Award 2025

(12) NSW Ambulance Control Centre Officers (State) Award 2025

(13) Public Hospital (Training Wage) (State) Award 2025

(14) NSW Health Service Allied Health Assistants (State) Award 2025

(15) Public Hospital Professional Engineers' (Bio-medical Engineers) (State) Award 2025

(16) NSW Health Service Health Professionals (State) Award 2025

(17) Health Employees' Engineers (State) Award 2025

(20) Health Employees Dental Prosthetists and Dental Technicians (State) Award 2025

(21) Public Hospital Medical Physicists (State) Award 2025

(22) Public Hospitals Library Staff (State) Award 2025

(23) Health Professionals Salaries (State) Award 2025

(24) Health Employees' Interpreters' (State) Award 2025

(26) Public Hospitals Dental Assistants (State) Award 2025

(27) Public Hospitals Medical Record Librarians (State) Award 2025

(28) Public Hospitals (Professional and Associated Staff) Conditions of Employment (State) Award 2025

(29) Operational Ambulance Managers (State) Award 2025

(30) Health Employees' Dental Officers (State) Award 2025

[1] See Industrial Relations Act 1996 (NSW), s 3(h).