Re NSW Ambulance Control Centre Officers (State) Award 2025 [2025] NSWIRComm 32 (28 October 2025)

1. The Award is one of 30 awards which were remade by consent on 14 October 2025.[1]
2. The awards give effect to the offer from NSW Health on 5 August 2025 to increase salaries and salary related allowances to staff covered by Health Service Union (HSU) awards (other than paramedics) by 4.0% from 1 July 2025 and 4.0% from 1 July 2026, on top of a statutory 0.5% increase in superannuation. The creation of these awards ensures that employees covered by those awards will receive pay increases over the next two years while the Health Secretary and HSU engage in an ongoing process to modernise and consolidate those awards, which is currently before me as an industrial dispute (Awards Dispute).
3. The no extra claims clause in each award refers to the Memorandum of Understanding entered into by the parties on 18 September 2025:

"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 summary, the clause expresses that the parties have agreed on how certain claims are to be dealt with if they cannot be resolved by conciliation - namely that they will be brought before the Commission to be arbitrated during the life of the awards notwithstanding the agreed pay increases. Matters that are agreed can result in consent variations to the awards during their life.
2. As a result of an agreement being reached as to one aspect of the HSU's claims the Health Secretary filed an application to vary the Award by consent on 20 October, accompanied by an affidavit from Ms Alice Murphy, Director of Industrial Relations and Change at NSW Health. Following correspondence from my chambers clarifying the wording of the variation, the Health Secretary filed an amended application and amended affidavit from Ms Murphy on 21 October.

1. The parties seek by consent to insert into clause 5 an entitlement to paid crib breaks, in the following terms:

"5. Roster of Hours

(i) The ordinary hours of duty prescribed by clause 23, Hours of Duty of the NSW Ambulance Paramedics (State) Award, shall be worked according to rosters which shall be exhibited at least four weeks before the commencement date of the roster and shall show the hours of duty for the agreed roster period or 28 days whichever is the greater. Casual employees are not subject to this clause.

(ii) Officers working a modified roster of shifts 12 hours or more will be entitled to two paid 30 minutes crib breaks unless otherwise agreed between the parties.

(iii) Officers working shifts of less than 12 hours duration shall have one paid 30 minute crib break unless otherwise agreed between the parties.

(iv) Where practicable, employees shall not be required to work more than five (5) hours without a crib break when working a shift of 12 hours or more." (Emphasis added to indicate the variation.)

1. I note that on 17 October 2025, Brent Armitage, Assistant Commissioner, Director Control Centres, Clinical Operations emailed Mr Stuart Hatter of the Health Services Union expressing his understanding of the interpretation of the words "Where practicable" at the start of subclause (iv):

"Dear Stuart

NSW Ambulance notes your concerns regarding the term 'Where practicable..' at the beginning of the proposed clause 5(iv).

I can confirm that this will not be used by NSW Ambulance to remove the rights of employees to their crib break under this provision.

Clause 5(iv) only deals with the timing of when a crib break must be taken, not the entitlement to a crib itself.

The 'where practicable' would only be exercised in cases where due to circumstances outside of our control, the timing of the crib break may fall out of the award requirement for a crib to occur within the first five hours of a shift.

I trust this clarifies NSW Ambulance's position on this matter.

Kind regards

Brent Armitage"

1. I determine that it is appropriate to approve the consent application and to vary the Award pursuant to s 17 of the Industrial Relations Act 1996 (NSW) (Act).
2. I rely on my considerations at [13]-[18] in Re Health Employees' Administrative Staff (State) Award 2024 and other Health Awards on 14 October when I remade this Award.[2] The proposed variation does not affect the Award's provision for equal remuneration and other conditions of employment for male and female employees doing work of equal and comparable value, pursuant to s 23 of the Act, nor does it derogate from the reasons as to why it is in the public interest to vary the Awards having regard to the objects of the Act.
3. I also accept Ms Murphy's evidence that the variation will not detrimentally affect NSW's economy or the NSW Government's fiscal position and outlook. That is because the varied Award reflects an agreement that has been reached between the parties after an extensive period of negotiation facilitated by the Commission, in respect of a workforce of approximately 197 full time equivalent staff.
4. The variation to the Award will take effect from 1 July 2025, as it is made by consent and is sought in the context of an industrial dispute notified to the Commission prior to that date.[3]

1. This consent application does not resolve the negotiations over the HSU's log of claims. Both parties need to make genuine attempts to efficiently progress those aspects of the log of claims upon which they can agree and otherwise progress to arbitrate the balance of the claims, as contemplated by the MOU referred to in the Award's no extra claims clause.
2. Following a conciliation involving the parties on 16 October I took the opportunity to voice my concern that industrial action might threaten the MOU and the good work that has been done to date to modernise health awards. That arose in circumstances where, on 9 October, employees covered by the Award notified NSW Health that they would take industrial action due to concerns about the progress of negotiations. That in turn led to NSW Health seeking urgent conciliation and, if necessary, the making of dispute orders. Following conciliation, the parties reached an interim agreement which included the HSU withdrawing the industrial action. The parties have in the MOU agreed on a process to resolve the outstanding aspects of the HSU's log of claims and I expect them to abide by that agreement. That means bringing any claims that cannot be agreed to the Commission for determination rather than seeking to advance them by means of industrial action. The Commission stands ready to assist the parties to reach agreement where agreement can be reached and otherwise to help them determine the most efficient way the outstanding issues can be arbitrated.

(1) Pursuant to s 17 of the Industrial Relations Act 1996 (NSW), the NSW Ambulance Control Centre Officers (State) Award 2025 is varied in the terms set out in Schedule 1 of the application filed by the Health Secretary on 21 October 2025.

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

[2] [2025] NSWIRComm 29.

[3] Industrial Relations Act 1996 (NSW), s 15(3).