State Super Enterprise Agreement 2024-2027 [2025] NSWIRComm 20 | Case summary

Industrial Relations Commission (NSW)|2025-07-18|Before: Taylor J

On 17 June 2025, the Industrial Relations Secretary, on behalf of the SAS Trustee Corporation Staff Agency (State Super) filed an application to vary the State Super Enterprise Agreement 2024-2027 (Current Agreement) by a further enterprise agreement between State Super and the non-executive employees of State Super pursuant to s 43(1) of the Industrial Relations Act 1996 (NSW).
In support of its application, State Super filed the following:

(1) a further enterprise agreement titled 'State Super Enterprise Agreement 2024-2027' signed on behalf of the parties to it on 22 May 2025 (Further Agreement);

(2) an affidavit of Ms Sobha Nair, Head of People and Culture, affirmed on 29 May 2025;

(3) an affidavit of Jessika Riordan, Executive Assistant, sworn on 5 June 2025; and

(4) written submissions of Mr Benjamin Madden of Counsel filed on 4 July 2025 pursuant to my order dated 20 June 2025.

I was also provided with a report prepared by the Industrial Registrar on 14 July 2025 comparing the conditions of employment in the Further Agreement and the conditions of employment that would otherwise apply to the non-executive employees of State Super under relevant awards.
At the hearing on 15 July 2025, I communicated my intention to approve the Further Agreement and to issue a decision to that effect.
To vary an enterprise agreement, a further enterprise agreement must be made and approved in accordance with Part 2 of the Industrial Relations Act. For the reasons that follow, pursuant to s 35 of the Industrial Relations Act, I approve the Further Agreement. The Further Agreement has effect from the date of its approval and will apply for the residue of the term of the Current Agreement.[1] The Current Agreement is varied by the Further Agreement and no longer has effect. The Further Agreement is to be entered into a register kept by the Industrial Registrar and published on this Commission's website.

An enterprise agreement may be varied by a further enterprise agreement made and approved in accordance with Part 2 of the Industrial Relations Act.[2]
Accordingly, as with an application to approve an enterprise agreement, the Commission needs to satisfy itself that:

(1) the requirements of s 35 of the Industrial Relations Act have been met, principally, that the agreement does not, on balance, provide a net detriment to the employees when compared with the aggregate package of conditions of employment under the State awards;[3]

(2) the agreement is consistent with the Principles for Approval of Enterprise Agreements (Principles) at Annexure A of Re Review of the Principles for Approval of Enterprise Agreements 2021/2022,[4] unless the Commission is satisfied that any departure from those Principles would not prejudice the interests of any of the parties to the agreement;[5]

(3) as employees are parties to the agreement, the special requirements of s 36 of the Industrial Relations Act are met; and

(4) the requirements of s 37 of the Industrial Relations Act addressing the process of conducting secret ballots for the approval of agreements have been met.

In Re State Super Enterprise Agreement 2024-2027,[6] the Commission provided general guidance, in the form of a checklist, on the requirements for the approval of an enterprise agreement.

The Current Agreement was approved by the Commission on 7 November 2024. Clause 7.4(d) of the Current Agreement provided that if the NSW Government agrees to sector-wide pay increases at higher rates than those in the Current Agreement, then those higher rates would be passed onto the employees covered by the Current Agreement.
On 19 November 2024, the Commission made the Crown Employees (Public Sector - Salaries) Award (Salaries Award), which included sector-wide increases to salaries at rates higher than those in the Current Agreement.
The primary purpose of the Further Agreement is to give effect to the salary increases in the Salaries Award.
The Further Agreement is substantively different from the Current Agreement in two ways:

(1) first, the Further Agreement contains an increase of 0.5% to salaries and salary related allowances, applying from 1 July 2024; and

(2) secondly, the Further Agreement provides for "No Safe Job Leave (Pregnancy)", a leave entitlement for pregnant employees who are unable to perform their role or a suitable alternative role.

On the evidence before me, and having regard to the report of the Industrial Registrar, I am satisfied that the relevant provisions of the Industrial Relations Act and the Principles have been met and that the Further Agreement can be approved.
Specifically, and by reference to the checklist contained within Re State Super Enterprise Agreement 2024-2027,[7] I am satisfied that:

(1) State Super notified the Industrial Registrar in writing that an enterprise agreement was proposed or under negotiation before commencing formal negotiations.

(2) The parties to the Further Agreement carried out a negotiation process.

(3) The parties to the Further Agreement undertook a consultative process, structured to encourage the participation of employees, and reasonable steps were taken to consult with all the non-executive employees of State Super.

(4) During the consultation process, the parties to the Further Agreement attended meetings, during which relevant documents and information were exchanged.

(5) The non-executive employees of State Super were given access to the Further Agreement and provided with reasonable time to seek independent advice on it.

(6) The non-executive employees of State Super were informed of the intention to have the Further Agreement approved by the Commission.

(7) The non-executive employees of State Super were provided with information that allowed them to understand the nature and effect of the Further Agreement.

(8) Nothing occurred to coerce the non-executive employees of State Super to agree to the Further Agreement.

(9) The Further Agreement complies with, and expressly adopts the prohibitions in, the provisions of the Anti-Discrimination Act 1997 (NSW).

(10) The Further Agreement states that it is made with the non-executive employees of State Super.

(11) The Further Agreement identifies and describes the employees for whom it is made.

(12) The Further Agreement covers the employees of State Super that would reasonably expect to be covered.

(13) The consultative mechanisms in the Further Agreement are appropriate, having regard to the nature of State Super.

(14) The Further Agreement has a nominal term of 1 July 2024 to 30 June 2027, and that nominal term is not more than three years.

(15) The Further Agreement contains a procedure for dispute resolution.

(16) As the report from the Registrar concludes, the Further Agreement provides no net detriment to the non-executive employees of State Super when compared to the aggregate package of conditions under relevant awards. In particular:

(a) In respect of the varied salaries and salary related allowances, the affidavit of Ms Sobha Nair affirmed on 29 May 2025, compares the minimum and maximum remuneration under the Agreement against the relevant award as follows:

(b) The addition of the No Safe Job Leave (Pregnancy) entitlement is a further benefit to the non-executive employees of State Super, that was not in the Current Agreement.

(17) Ms Jessika Riordan, who was not selected by State Super, was appointed to conduct a secret ballot of the non-executive employees of State Super.

(18) Ms Riordan conducted the secret ballot in accordance with the requirements of principle 2.3 of the Principles.

(19) The Further Agreement was duly signed on behalf of the parties to it and filed in the Commission.

(20) State Super filed in the Commission an affidavit setting out the matters in r 6.9 of the Industrial Relations Commission Rules 2022 (NSW).

I am satisfied on the evidence before the Commission that the no net detriment test has been met and that the relevant provisions of the Industrial Relations Act and the Principles have been complied with. The Further Agreement is approved. The Further Agreement has effect from the date of its approval and will apply for the residue of the term of the Current Agreement.[8] The Current Agreement is varied by the Further Agreement and no longer has effect. The Further Agreement is to be entered into a register kept by the Industrial Registrar and published on this Commission's website.

(1) The further enterprise agreement titled 'State Super Enterprise Agreement 2024-2027' signed on 22 May 2025 is approved in accordance with s 35 of the Industrial Relations Act 1996 (NSW).

(2) The enterprise agreement titled 'State Super Enterprise Agreement 2024-2027' approved by the Commission on 7 November 2024 is varied by the further enterprise agreement titled 'State Super Enterprise Agreement 2024-2027' signed on 22 May 2025 in accordance with s 41 of the Industrial Relations Act 1996 (NSW).

(3) The Industrial Registrar is directed to enter the further enterprise agreement titled 'State Super Enterprise Agreement 2024-2027' signed on 22 May 2025 in the register of approved enterprise agreements.

Industrial Relations Commission Act 1996(NSW)

Relations Commission Rules 2022

State Super Enterprise Agreement 2024-2027 [2025] NSWIRComm 20 (18 July 2025)

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