State Wage Case 2025 [2025] NSWIRComm 22 | Case summary

Industrial Relations Commission (NSW)|2025-08-29|Before: Taylor J, Chin J, Paingakulam J

(2) Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Kindergartens and Child Care Centres (State) Award is varied in accordance with the marked-up version filed by the Industrial Relations Secretary on 13 August 2025.

(3) The variation to the Kindergartens and Child Care Centres (State) Award has effect on and from 1 July 2025.

(4) By 4pm on 5 September 2025, the Industrial Relations Secretary is to file a clean copy of the Kindergartens and Child Care Centres (State) Award.

(5) Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Health, Fitness and Indoor Sports Centres (State) Award is varied in accordance with the marked-up version filed by the Industrial Relations Secretary on 14 August 2025.

(6) The variation to the Health, Fitness and Indoor Sports Centres (State) Award has effect on and from 1 July 2025.

(7) By 4pm on 5 September 2025, the Industrial Relations Secretary is to file a clean copy of the Health, Fitness and Indoor Sports Centres (State) Award.

(8) Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Transport Industry (State) Award is varied in accordance with the marked-up version filed by the Industrial Relations Secretary on 11 August 2025.

(9) The variation to the Transport Industry (State) Award has effect on and from 1 July 2025.

(10) By 4pm on 5 September 2025, the Industrial Relations Secretary is to file a clean copy of the Transport Industry (State) Award.

(11) Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Local Government (Electricians) (State) Award is varied in accordance with the marked-up version filed by Local Government NSW on 4 September 2025.

(12) The variation to the Local Government (Electricians) (State) Award has effect on and from 1 September 2025.

(13) By 4pm on 5 September 2025, Local Government NSW is to file a clean copy of the Local Government (Electricians) (State) Award.

(14) Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award is varied in accordance with the marked-up version filed by the Industrial Relations Secretary on 11 August 2025.

(15) The variation to the Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award has effect on and from 1 September 2025.

(16) By 4pm on 5 September 2025, the Industrial Relations Secretary is to file a clean copy of the Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award.

(17) Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Local Government Aged Disability and Home Care (State) Award is varied in accordance with the annexure to the proposed consent order filed by the Health Services Union NSW on 21 August 2025.

(18) The variation to the Local Government Aged Disability and Home Care (State) Award has effect on and from 1 September 2025.

(19) By 4pm on 5 September 2025, the Health Services Union NSW is to file a clean copy of the Local Government Aged Disability and Home Care (State) Award.

(20) Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Nurses' (Local Government) Residential Aged Care Consolidated (State) Award 2021 is varied in accordance with the marked-up version filed by the New South Wales Nurses and Midwives' Association on 25 August 2025, but with the reference to "2024" in cl 53(iii) amended to "2025".

(21) The variation to the Nurses' (Local Government) Residential Aged Care Consolidated (State) Award 2021 has effect on and from 1 September 2025.

(22) By 4pm on 5 September 2025, the New South Wales Nurses and Midwives' Association is to file a clean copy of the Nurses' (Local Government) Residential Aged Care Consolidated (State) Award 2021.

EMPLOYMENT AND INDUSTRIAL LAW ─ Awards and enterprise agreements ─ Variation ─ State Wage Case ─ Adopted national decision in relation to minimum rates awards

Annual Wage Review 2025 [2025] FWCFB 3500

State Wage Case 2024 - Review of Minimum Rates Awards (No 2) [2025] NSWIRComm 1059

State Wage Case 2024 (No 2) [2024] NSWIRComm 6

State Wage Case 2024 (No 4) [2024] NSWIRComm 25

Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award

Health, Fitness and Indoor Sports Centres (State) Award

Local Government Aged Disability and Home Care (State) Award

Miscellaneous Workers - Kindergartens and Child Care Centres, &c. (State) Award

Nurses' (Local Government) Residential Aged Care Consolidated (State) Award 2021

Unions NSW (in its own right and on behalf of Media, Entertainment and Arts Alliance New South Wales, Australian Workers' Union, New South Wales Branch, United Workers' Union, New South Wales Branch, New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union, Transport Workers' Union of New South Wales)

Electrical Trades Union of Australia, New South Wales Branch

Crown Solicitor's Office (NSW) (Industrial Relations Secretary)

Electrical Trades Union of Australia, New South Wales Branch

This decision is the first made arising from State Wage Case 2025. It determines the increase to minimum rates awards in NSW following an increase to the National Minimum Wage and to the minimum rates within Federal modern awards.
On 3 June 2025, the Fair Work Commission decided to increase the National Minimum Wage and all Federal modern award minimum rates by 3.5% effective from 1 July 2025 (the National Wage Review).[1] The National Wage Review is a national decision for the purpose of s 48 of the Industrial Relations Act 1996 (NSW) (the Act), which this Commission is required by s 50 of the Act to consider and adopt, unless satisfied that it is not consistent with the objects of the Act or there are other good reasons not to do so.
Consequently, on 10 June 2025, the Commission acting on its own initiative issued to interested parties a summons to show cause as to why the Commission should not adopt the National Wage Review for the purpose of awards pursuant to Pt 3 of Ch 2 of the Act.
In particular, the Commission requested that interested parties address, among other things, whether the National Wage Review should be adopted (and if so the date any increase should take effect) in relation to the following minimum rates awards listed at item (1) of the summons to show cause:

(1) Miscellaneous Workers - Kindergartens and Child Care Centres, &c. (State) Award;

(2) Health, Fitness and Indoor Sports Centres (State) Award (the Sports Centres Award);

(3) Transport Industry (State) Award (the Transport Award);

(4) Local Government (Electricians) (State) Award (the Electricians Award);

(5) Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award (the Entertainment Award);

(6) Local Government Aged Disability and Home Care (State) Award (the Home Care Award); and

(7) Nurses' (Local Government) Residential Aged Care Consolidated (State) Award 2021 (the Residential Aged Care Award),

On 25 June 2025, the interested parties communicated to the Commission their position that the National Wage Review should be adopted in relation to each of the Minimum Rates Awards, and that applications to vary each Minimum Rates Award would be filed by consent. Initially, these applications were to be filed by 9 July 2025 and 14 July 2025 respectively. Ultimately, extensions to file these applications were granted, in light of the need to have regard to the Commission's decision concerning a review of the Minimum Rates Awards in the State Wage Case 2024.[2]
On 4 August 2025, the Commission handed down its final decision in the State Wage Case 2024, which rescinded the Miscellaneous Workers - Kindergartens and Child Care Centres, &c. (State) Award referred to above, and replaced it with the Kindergartens and Child Care Centres (State) Award (the Child Care Centres Award).[3] This decision also implemented various recommendations made by Commissioner McDonald, on report to the Full Bench, to rescind obsolete minimum rates awards, and to amend existing minimum rates awards to ensure each set fair and reasonable remuneration and conditions.[4]
On 11, 13 and 14 August 2025 respectively, the Industrial Relations Secretary filed applications in relation to the Child Care Centres Award, the Sports Centres Award, the Transport Award, and the Entertainment Award. By its applications, the Industrial Relations Secretary seeks orders by consent pursuant to ss 17 and 52 of the Act to vary:

(1) the Child Care Centres Award, the Sports Centres Award, and the Transport Award to increase pay and pay related allowances by 3.5% from 1 July 2025, and to make administrative and consequential amendments; and

(2) the Entertainment Award to increase pay and pay related allowances in each award by 3.5% from the first full pay period after 1 September 2025, and to make administrative and consequential amendments.

In support of its applications, the Industrial Relations Secretary filed:

(1) a proposed consent order executed on behalf of the Industrial Relations Secretary and on behalf of each respondent to each award application; and

(2) an affidavit of Jo Prados-Valerio sworn on 18 August 2025.

Ms Prados-Valerio's affidavit sets out that each award provides equal remuneration for men and women doing work of equal or comparable value and is in the public interest having regard to the factors in ss 3 and 146(2) of the Act.
On 8 July 2025 and 21 August 2025 respectively, Local Government NSW and each of the Health Services Union NSW and the Electrical Trades Union of Australia, New South Wales Branch proposed consent orders in relation to the Home Care Award and the Electricians Award. Each consent order proposed an increase to pay and pay related allowances in each award of 3.5% from the first full pay period after 1 September 2025.
On 25 August 2025, the NSW Nurses and Midwives' Association (the Association) filed a consent application to increase pay and pay related allowances in the Residential Aged Care Award by 3.5%.
In support of its applications, the Association filed an affidavit of Paul Collier sworn on 18 August 2025. Mr Collier's affidavit sets out that the Residential Aged Care Award provides equal remuneration for men and women doing work of equal or comparable value and is in the public interest.
We are satisfied that it is appropriate to adopt the National Wage Review in respect of the Minimum Rates Awards as proposed by the consent variations, and satisfied that each application accords with Principle 6 of the Award Making Principles[5] and the requirements of the Act. Whilst our adoption of the National Wage Review will increase the minimum rates in each Minimum Rates Award by 3.5%, each Minimum Rates Award contains a clause in the following terms as required by Principle 6.2 of the Award Making Principles:[6]

The rates of pay in this award include the adjustments payable under the State Wage Case for the relevant year. These adjustments may be offset against:

(i) any equivalent over award payments, and/or

(ii) award wage increases other than State Wage Case adjustments.

The proposed amendments are limited to adjusting the minimum rates in a manner consistent with the National Wage Review along with some minor textual changes to update language and are by consent. In those circumstances, while we have evidence before us in respect of five Minimum Rates Awards that is not inconsistent with our view that the variation to each award is in the public interest, we do not consider that such evidence is necessary given Principle 6 of the Award Making Principles provides that the Commission will vary minimum rates awards to give effect to the Annual Wage Review,[7] the variations to be made to each Minimum Rates Award do give effect to the Annual Wage Review, and the Commission has recently undertaken a review of each Minimum Rates Award to ensure its continuing utility.[8]

(1) Pursuant to s 50 of the Industrial Relations Act 1996 (NSW), the Commission adopts Annual Wage Review 2025 [2025] FWCFB 3500 as a national decision in respect to the Kindergartens and Child Care Centres (State) Award, the Health, Fitness and Indoor Sports Centres (State) Award, the Transport Industry (State) Award, the Local Government (Electricians) (State) Award, the Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award, the Local Government Aged Disability and Home Care (State) Award, and the Nurses' (Local Government) Residential Aged Care Consolidated (State) Award 2021.

Kindergartens and Child Care Centres (State) Award

(2) Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Kindergartens and Child Care Centres (State) Award is varied in accordance with the marked-up version filed by the Industrial Relations Secretary on 13 August 2025.

(3) The variation to the Kindergartens and Child Care Centres (State) Award has effect on and from 1 July 2025.

(4) By 4pm on 5 September 2025, the Industrial Relations Secretary is to file a clean copy of the Kindergartens and Child Care Centres (State) Award.

Health, Fitness and Indoor Sports Centres (State) Award

(5) Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Health, Fitness and Indoor Sports Centres (State) Award is varied in accordance with the marked-up version filed by the Industrial Relations Secretary on 14 August 2025.

(6) The variation to the Health, Fitness and Indoor Sports Centres (State) Award has effect on and from 1 July 2025.

(7) By 4pm on 5 September 2025, the Industrial Relations Secretary is to file a clean copy of the Health, Fitness and Indoor Sports Centres (State) Award.

(8) Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Transport Industry (State) Award is varied in accordance with the marked-up version filed by the Industrial Relations Secretary on 11 August 2025.

(9) The variation to the Transport Industry (State) Award has effect on and from 1 July 2025.

(10) By 4pm on 5 September 2025, the Industrial Relations Secretary is to file a clean copy of the Transport Industry (State) Award.

(11) Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Local Government (Electricians) (State) Award is varied in accordance with the marked-up version filed by Local Government NSW on 4 September 2025.

(12) The variation to the Local Government (Electricians) (State) Award has effect on and from 1 September 2025.

(13) By 4pm on 5 September 2025, Local Government NSW is to file a clean copy of the Local Government (Electricians) (State) Award.

Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award

(14) Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award is varied in accordance with the marked-up version filed by the Industrial Relations Secretary on 11 August 2025.

(15) The variation to the Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award has effect on and from 1 September 2025.

(16) By 4pm on 5 September 2025, the Industrial Relations Secretary is to file a clean copy of the Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award.

Local Government Aged Disability and Home Care (State) Award

(17) Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Local Government Aged Disability and Home Care (State) Award is varied in accordance with the annexure to the proposed consent order filed by the Health Services Union NSW on 21 August 2025.

(18) The variation to the Local Government Aged Disability and Home Care (State) Award has effect on and from 1 September 2025.

(19) By 4pm on 5 September 2025, the Health Services Union NSW is to file a clean copy of the Local Government Aged Disability and Home Care (State) Award.

Nurses' (Local Government) Residential Aged Care Consolidated (State) Award 2021

(20) Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Nurses' (Local Government) Residential Aged Care Consolidated (State) Award 2021 is varied in accordance with the marked-up version filed by the New South Wales Nurses and Midwives' Association on 25 August 2025, but with the reference to "2024" in cl 53(iii) amended to "2025".

(21) The variation to the Nurses' (Local Government) Residential Aged Care Consolidated (State) Award 2021 has effect on and from 1 September 2025.

(22) By 4pm on 5 September 2025, the New South Wales Nurses and Midwives' Association is to file a clean copy of the Nurses' (Local Government) Residential Aged Care Consolidated (State) Award 2021.

04 September 2025 - Order (13) amended pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005 (NSW) (the "slip" rule) to nominate Local Government NSW as the correct organisation to file a copy of the award. Order (22) amended pursuant to the "slip" rule to nominate the New South Wales Nurses and Midwives' Association as the correct organisation to file a copy of the award

10 September 2025 - Order (11) amended pursuant to r 9.4(3)(b) of the Industrial Relations Commission Rules 2022 (NSW) and r 36.17 of the Uniform Civil Procedure Rules 2005 (NSW) (the "slip" rule) to vary the Local Government (Electricians) (State) Award in accordance with a marked-up version of the award that includes the correct rates of pay for "Apprentice 2nd Year" and "Apprentice 3rd Year".

[1] Annual Wage Review 2025 [2025] FWCFB 3500 at [6].

[2] State Wage Case 2024 (No 2) [2024] NSWIRComm 6 at [33]; State Wage Case 2024 - Review of Minimum Rates Awards (No 2) [2025] NSWIRComm 1059 at [1].

[3] State Wage Case 2024 - Review of Minimum Rates Awards (No 2) [2025] NSWIRComm 1059 at [8(2)-(3)].

[4] State Wage Case 2024 - Review of Minimum Rates Awards (No 2) [2025] NSWIRComm 1059 at [6], [8].

[5] State Wage Case 2024 (No 4) [2024] NSWIRComm 25 at Annexure A.

[6] State Wage Case 2024 (No 4) [2024] NSWIRComm 25 at Annexure A.

[7] State Wage Case 2024 (No 4) [2024] NSWIRComm 25 at Annexure A, Principle 6.

[8] State Wage Case 2024 - Review of Minimum Rates Awards (No 2) [2025] NSWIRComm 1059.

Civil Procedure Rules 2005

Relations Commission Rules 2022

State Wage Case 2025 [2025] NSWIRComm 22 (29 August 2025)

At a glance

Court

Decision date

Before

Catchwords

Source

Catchwords

Judgment (85 paragraphs)

Legislation Cited (3)