Roads and Maritime Services (Wages Staff Award) 2019 [2026] NSWIRComm 1018 (23 December 2025)

1. The applicant relies upon the affidavit of Mr McDonald which affirms that the proposed variations have been extensively negotiated between the parties and is sought by consent. The variations provide for:

(1) increases to salaries and salary-related allowance of:

(a) 3.5% for the first full paid period on or after 1 July 2025;

(b) 3.5% for the first full pay period on or after 1 July 2026; and

(c) 3% for the first full pay period on or after 1 July 2027.

(2) amendments to parental leave and family and domestic violence leave to reflect current New South Wales government entitlements through the inclusion of a no extra claims clause, consistent with other recent public sector awards extending to 30 June 2028.

1. The affidavit further states the variation is funded by Transport's Treasury approved budget allocation and will not have an adverse effect on the State's economy. Further, the fiscal impact was considered and approved by the central government under the New South Wales Fair Pay and Bargaining Policy 2024/2025.

1. I am satisfied based on the uncontested affidavit evidence and the submissions of the parties and their consent that the requirements of the Act are met. I note again that the application is made by consent and all of the parties to the award have agreed to the proposed variation.
2. The variation provides for equal remuneration and other conditions of employment for men and women who are performing work of equal and comparable value.
3. I am also satisfied the variation is not contrary to the public interest and is consistent with the objects of the Act, including the encouragement to attract and retain skilled staff and the promotion of fair and reasonable pay and conditions.
4. It may appear inconsistent that the Commission can make an award for up to three years only, while this variation extends its duration by another three years, despite it having already existed for some time. I have decided it is nonetheless in the public interest to make the variation for the reasons that have been put forward by the Transport Secretary, namely that the continuation of the award rather than creating an new one is the result of an industrial bargain that has been struck between the parties to ensure the maintenance of particular entitlements that might otherwise be lost. I have requested that the parties turn their minds to how these matters can be appropriately reflected in a new award, an issue that should be considered in the context of future negotiations.
5. Having regard to the evidence and submissions, I am satisfied that the variation is in the public interest, including for the reasons I have just articulated, taking into account the objects of the Act and the need to ensure effective and efficient delivery of public services.
6. The variation is fiscally responsible; it has been approved by Treasury and will not adversely affect the economy of New South Wales. Evidence has been given that I accept that the award provides for equal remuneration for men and women.
7. The variation provides for amendments to align it with current New South Wales government policies and other public sector awards, including the updating of parental leave and domestic violence leave.
8. The variation also provides for an amendment to the award to include terms which have arisen out of an industrial dispute before the President relating to term of conditions of employment for employees involved in the spraying of insecticide. It is sensible, that this outcome is included in a variation to the award.
9. Accordingly, I make the following orders pursuant to s 17 of the award:

(1) the Roads and Maritime Services (Wages Staff) Award 2019 is varied and the terms set out in Schedule A to the Consent Orders;

(2) the application with affect from the first full pay period on or after 1 July 2025, except as otherwise provided in the variation and the varied award will operate until 30 June 2028 subject to further variation or recission in accordance with the Act; and

(3) all other claims and applications for variation are dismissed.

[1] The substance of this decision was delivered on 23 December 2025. The decision has been revised prior to publication.