State Wage Case 2025 (No 3) [2025] NSWIRComm 36 (17 December 2025)

(1) the Industrial Relations Secretary (the Secretary);

(2) Unions NSW; and

(3) Local Government NSW (LGNSW).

1. The Health Services Union NSW and the Australian Paramedics Association did not file written submissions as to the content of our proposed amendments. LGNSW's submissions did not propose any amendments to the terms of the draft Principles, but confirmed that LGNSW was content with the terms of subprinciple 9.3A.
2. On 28 November 2025, as a result of an application by Unions NSW, each party was granted leave to file further written submissions in reply. On 3 December 2025, Unions NSW filed further written submissions. No other party filed further written submissions.
3. Following careful consideration of the parties' submissions, we have decided to make minor changes to subprinciple 6.6, and otherwise confirm the Principles as previously published. The final form of the Principles is annexed to this decision.

1. The subparagraphs in subprinciple 6.6 were incorrectly numbered (5) to (10), and will be corrected to be (1) to (5).

Subprinciple 6.6(4) - eligibility of awards for the paid rates adjustment

1. In State Wage Case 2025 (No 2),[2] we proposed to amend the terms of subprinciple 6.6(9) to remove any ambiguity as to the circumstances in which an award is eligible for a paid rates adjustment. Specifically, we proposed to amend subprinciple 6.6(9) (now renumbered 6.6(4)) to confirm that an award is eligible for a paid rates adjustment where, among other things, "the last increase in rates of pay took effect more than 12 months earlier".
2. Unions NSW submitted that this phrase should be further clarified to make clear that the expression "change to rates of pay" should be understood to only refer to mandatory increases to base pay, to avoid ambiguity as to whether increases from "reclassifications, adjustments to loading percentages or increases to allowances and other non-base pay entitlements in the award reset the 12-month clock".
3. As we set out in State Wage Case 2024 (No 3)[3] and State Wage Case 2025 (No 2),[4] the paid rates adjustment is designed to be an efficient and straightforward safety net to ensure that rates of pay in an award, where they have not increased for 12 months, can be readily adjusted to maintain their real value.
4. The intent is that a paid rates adjustment is not available if there was a change to an award that increased rates of pay generally during the previous 12 months. By rates of pay we mean not only base rates but also any award provision that sets or contributes to the remuneration of employees for ordinary hours. Hence, a paid rates adjustment is not available if in the previous 12 months there has been a wholesale reclassification or the introduction of a new all-purpose allowance that applies to all or most employees whenever they work, and not only in particular circumstances. That is because where there has already been a change to rates of pay under a given award in the previous 12 months that has made a substantive increase in employee-related costs, a further increase would require consideration of the potential cumulative impact of those changes, including on the fiscal position and outlook of the Government. The intention of the paid rates adjustment is to avoid the need to make such an inquiry when an application is made for the adjustment to apply to a particular award. Further, any consideration of the likely effect of a proposed paid rates adjustment on the New South Wales economy and the fiscal position and outlook of the Government can only be done if the awards to which the adjustment might apply can be identified.
5. Changes in the previous 12 months that do not bring about a general change in rates of pay, for example, to amend an expense allowance, as is permitted by subprinciple 7.3 and contemplated by sub-paragraph (vi) of the undertaking, would not prevent a paid rates adjustment. That is because that type of variation does not change remuneration for ordinary hours worked.
6. Unions NSW is correct to identify, however, the potential for questions to arise where there has been a change to rates of pay affecting some but not all employees.
7. Noting the Principles are guidelines, and each application for an award to be varied in line with the paid rates adjustment will depend on all of the circumstances, to make our intent clearer we will amend subprinciple 6.6(4) to read (with amended and additional words in italics):

(4) the last increase in rates of pay for ordinary hours for most or all employees covered by the award took effect more than 12 months earlier;

Subprinciple 6.6(5)(vi) - exceptions to the no extra claims undertaking

1. In State Wage Case 2025 (No 2),[5] we proposed to amend the no extra claims undertaking in subprinciple 6.6(10)(vi) (now renumbered 6.6(5)(vi)) to provide that the undertaking does not prevent "an application pursuant to [subprinciples] 7.1, 7.3, and 8.1", consistent with the fact that these subprinciples do not give rise to an Arbitrated Case.
2. The Secretary submitted that an application made under subprinciple 7.3 should be prevented by the no extra claims undertaking. Subprinciple 7.3 provides that "New Allowances may be made to compensate for the reimbursement of expenses where appropriate". The Secretary submitted that making an exception for subprinciple 7.3 would be contrary to the purpose of the undertaking to provide certainty and to remove the disincentive to bargain that might arise if a union could obtain the paid rates adjustment and continue to press for higher rates of pay. The Secretary submitted that making an exception for subprinciple 7.3 has the capacity to facilitate significant disputation and ought instead to be a matter that parties address in bargaining.
3. Unions NSW submitted that the terms of subprinciple 6.6(10)(vi) (to be renumbered 6.6(5)(vi)) should be amended to "pursuing and giving effect to an application pursuant to 7.1, 7.3 or 8.1 below". Unions NSW submitted that this change would bring the subprinciple in line with the terms of the preceding subprinciple 6.6(10)(v) and also avoid any doubt that pursuing a change to reflect an adjustment in allowances or minimum rates of pay is not a breach of the undertaking.
4. We do not accept the Secretary's submission that applications under subprinciple 7.3 should be prevented by the undertaking. Where employees covered by an award incur a new expense, there is no reason why the undertaking should prevent an application on behalf of those employees to ensure that the new expense is properly reimbursed, noting that such an application is not to increase remuneration.
5. We also do not accept Unions NSW's submission that 'pursuing' needs to be inserted into the terms of the undertaking at (as renumbered) 6.6(5)(vi). The nature of Unions NSW's concern with the current terms of the subprinciple is not entirely clear. The concern may be to clarify that pursuing a claim in advance of making an application is not prohibited by the undertaking. Alternatively, the concern may be to confirm that pursuing the application once made is not prohibited by the undertaking. We consider that the terms of subprinciple 6.6(5)(vi) as drafted permit a union to foreshadow an application, file an application, and prosecute that application before the Commission. For consistency of drafting, we will add the word "making" at the start of the sub-paragraph.

1. In State Wage Case 2025 (No 2),[6] we proposed to remove the Value of Money Principle, but clarified in the Arbitrated Case criteria in subprinciple 9.2 that an arbitrated case could be brought relying solely on a change in the value of money. However, in doing so, we set out, at [53], that:

"we would ordinarily expect that criterion to be relied upon in conjunction with other criteria. For the reasons explained above at [47], an applicant would need to point to some special circumstances to satisfy the Commission to increase rates based on a change in the value of money as the sole criterion in an Arbitrated Case. That is not to say that the Commission could not, in a case where multiple criteria are relied upon, ultimately decide that the only basis for an increase is a change in the value of money".

1. The Secretary submitted that the current drafting of subprinciple 9.2 does not reflect our decision at [53] because the criterion to establish an arbitrated case based on a change in the value of money is the same as that required to pursue any of the other criteria enumerated in subprinciple 9.2. The Secretary contended that the following amendments should be made to principle 9 to provide clarity as to the operation of the Arbitrated Case Principle:

"9.2 Subject to Subprinciple 9.2A Aan Arbitrated Case may be granted if it meets one or more of the following criteria:

...

9.2A In relation to an Arbitrated Case advanced solely on the criterion at Subprinciple 9.2(5), an applicant would need to point to some special circumstances to satisfy the Commission to increase rates based on a change in the value of money".

1. We do not accept the Secretary's submission, which appears to rest on a misunderstanding of our decision at [53]. In State Wage Case 2025 (No 2) at [47] we contemplated that there may be special circumstances in which the Commission, after careful consideration, would grant an increase for a particular award that differs from or exceeds the paid rates adjustment. In State Wage Case 2025 (No 2) at [53] we referenced [47] in order to convey that to be successful, an application relying solely on subprinciple 9.2(5) would need to identify special circumstances to satisfy the Commission to increase rates in a particular award differently to or higher than the paid rates adjustment that had been determined for a particular year. We were thereby conveying an expectation as to the nature of the case that would need to be established, not a requirement.
2. If a union decides not to seek the paid rates adjustment for an award because it considers, due to the particular circumstances of that award, that it can by an arbitrated case distinguish the paid rates adjustment outcome and thereby obtain an increase higher than the paid rates adjustment, then we see no reason to prevent a union from being able to do so. Accordingly, no change to the Principles is required. However, we reiterate our expectation that where the Commission has set a paid rates adjustment, any arbitrated case for a different and higher increase to rates of pay will need to establish a reason why the Commission would increase rates in a manner greater than the paid rates adjustment.

(1) Pursuant to s 51(1) of the Industrial Relations Act 1996 (NSW), the Commission's Award Making Principles shall be as set out in the Annexure to this decision and shall operate on and from today.

(2) The Award Making Principles annexed to this decision supersede the Award Making Principles in Annexure A of State Wage Case 2024 (No 4) (2024) 337 IR 182; [2024] NSWIRComm 25.

(3) Employees within the jurisdiction of the Act whose employment is not subject to the terms of an industrial instrument shall be paid not less than the rate prescribed by the National Minimum Wage Order as made by the Fair Work Commission from time to time.

ANNEXURE - THE 2025-2026 AWARD MAKING PRINCIPLES

1.1 These Principles guide the exercise of discretion when making or varying awards under Part 1 of Chapter 2 of the Industrial Relations Act 1996 (the Act).

2.1 When determining an application to make a new award or to vary an existing award, whether by consent or otherwise, the Commission must have regard to:

(1) whether the terms of the award as made or varied will set fair and reasonable conditions of employment for employees; and

(2) the public interest, and in that respect must have regard to:

(a) the objects of the Act, including the effect of the award as made or varied on:

(i) the promotion of productivity and efficiency;

(ii) the promotion of participation in industrial relations by employees and employers at an enterprise or workplace level;

(iii) the prevention and elimination of discrimination in the workplace, in particular ensuring equal remuneration for all persons doing work of equal or comparable value;

(iv) the encouragement of co-operative workplace reform and equitable, innovative and productive workplace relations; and

(v) strategies to attract and retain skilled staff where there are skill shortages so as to ensure effective and efficient delivery of services;

(b) the state of the economy of New South Wales and the likely effect of the decision on that economy; and

(c) in respect of an award that will apply to public sector employees, the fiscal position and outlook of the Government and the likely effect of the award as made or varied on the position and outlook.

3. When an award may be varied or another award made without the claim requiring consideration as an Arbitrated Case

3.1 Provided it otherwise complies with the requirements of the Act, an award may be made or varied without the application needing to be considered as an Arbitrated Case under Principle 9:

(1) in accordance with an express provision in an award that provides for its variation;

(2) to incorporate test case standards, in accordance with Principle 5;

(3) to adjust wages consistent with a State Wage Case decision, in accordance with Principle 6;

(4) to adjust allowances and service increments, in accordance with Principle 7;

(5) to adjust wages to ensure that they are not below the National Minimum Wage Order as made by the Fair Work Commission, in accordance with Principle 8; or

(6) where the application is consented to by the parties.

4.1 A consent application to make or vary an award may involve parties giving a no extra claims commitment in agreed terms. Such a commitment may take the form of an undertaking to the Commission not to pursue claims for extra or reduced terms and conditions that would take effect during the nominal term of the award, with or without identified exceptions.

4.2 Absent extraordinary circumstances, the Commission will not vary or make an award that is inconsistent with a no extra claims commitment unless otherwise expressly permitted by the award or by consent of the parties.

4.3 The Commission will not include in an award a clause that prohibits a party making an application under the Act or participating in proceedings under the Act.

5.1 There is a presumption that test case standards established and/or revised by a Full Bench of the Commission will be incorporated into an award on application.

6.1 Following the completion of an Annual Wage Review by the Fair Work Commission, the Commission will issue a notice to show cause why that National decision should not be adopted wholly or partly and with or without modification for certain minimum rates awards and for paid rates awards that apply to the public sector, which will be determined at a State Wage Case hearing.

6.2 In the State Wage Case hearing the Commission will determine a minimum rates adjustment for the following awards:

(1) Kindergartens and Child Care Centres (State) Award;

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

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

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

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

and vary them to give effect to that minimum rates adjustment, provided that each award contains the following clause:

"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."

6.3 In the State Wage Case hearing the Commission may determine a paid rates adjustment for paid rates awards that apply to the public sector.

6.4 A paid rates adjustment will be determined having due regard to all the circumstances including:

(3) the terms of the no extra claims undertaking required;

(4) changes in the value of money since the last State Wage Case; and

(5) the mandatory considerations in Principle 2, including the need to ensure that awards remain fair and reasonable, the likely effect of the decisions on the New South Wales economy, and the fiscal position and outlook of government.

6.5 For the avoidance of doubt, the paid rates adjustment need not be the same as the minimum rates adjustment and need not equate to the rate of inflation over the previous 12 months.

6.6 Following the making of a paid rates adjustment, a public sector award may, on application, be varied to apply that adjustment and extend its nominal term for 12 months from the date the adjustment takes effect, having regard to:

(1) the status of bargaining between the parties to the Award; and

(2) the likelihood of that bargaining concluding in a timely fashion;

(4) the last increase in rates of pay for ordinary hours for most or all employees covered by the award took effect more than 12 months earlier; and

(5) each union which is a party to the award gives to the Commission a no extra claims undertaking in the following terms or in such other terms as the parties agree:

[Name of union] undertakes not to pursue any further claims to amend the award in proceedings before the Industrial Relations Commission in respect of employees covered by the award that would take effect during its nominal term. This undertaking does not prevent:

(i) participation in collaborative discussions to amend the award by means of mutual gains bargaining or otherwise;

(ii) making an application to vary the award by consent;

(iii) participation in a consent arbitration;

(iv) participation in a s 19 review or other proceedings initiated by the Commission or another party that affects the award;

(v) pursuing and giving effect to claims under the Gender Based Undervaluation Principle during the nominal term; or

(vi) making an application pursuant to 7.1, 7.3 or 8.1 below.

6.7 Applications to apply a paid rates adjustment will be dealt with expeditiously.

7.1 Existing allowances which constitute a reimbursement of expenses incurred may be adjusted from time to time where appropriate to reflect relevant changes in the level of such expenses.

7.2 If an order is made pursuant to Principle 6 for an adjustment to be made to the applicable award, that adjustment will also apply to existing allowances which relate to work or conditions which have not changed other than in line with whole of award salary adjustments, including shift allowances expressed as monetary amounts and service increments.

7.3 New allowances may be awarded to compensate for the reimbursement of expenses incurred where appropriate.

7.4 Otherwise, applications to increase existing allowances or create new allowances in the absence of consent will be determined in accordance with the Arbitrated Case Principle.

8.1 The Commission will vary an award on application or on its own motion to increase a rate of pay in an award which is below the minimum rate set by the National Minimum Wage Order as made by the Fair Work Commission from time to time.

9.1 Other than as allowed elsewhere in these Principles, an application for increases in remuneration (including for new service increments or superannuation contributions higher than those mandated by Commonwealth legislation) or changes in conditions in awards, will be determined as an Arbitrated Case and, unless otherwise allocated by the President, will be heard by a Full Bench of the Commission.

9.2 An Arbitrated Case may be granted if it meets one or more of the following criteria:

(1) there has been a change in work value that meets the requirements of the Work Value Changes Principle;

(2) there has been an increase in productivity or efficiency in respect of public sector awards that meets the requirements in the Productivity and Efficiency Principle;

(3) the application addresses undervaluation on a gender basis in accordance with the Gender Based Undervaluation Principle;

(4) a special case is established in accordance with the Special Case Principle; and

(5) there has been a change in the value of money justifying a change in rates of pay and conditions for public sector employees.

9.3 When determining an Arbitrated Case, the Commission will have regard to changes in the value of money which ordinarily will be since the effective date of the last wage rate adjustment.

9.3A When determining an Arbitrated Case the Commission may grant a minor claim that does not meet any of the criteria in Subprinciple 9.2 where satisfied it is appropriate to do so. A minor claim is a claim to modernise or improve an award in a manner that neither alters remuneration nor significantly alters conditions of employment.

9.4 Following determination of an Arbitrated Case the Commission will not include a no extra claims clause in the settled award, but may identify in the decision the extent to which it is open to parties to the award to make further claims that would take effect during the life of the resultant award.

9.5 Claims that are based substantially on comparative wage justice will not be countenanced other than to the extent contemplated by the Gender Based Undervaluation Principle.

9.6 There will be no double counting, provided however, that an Arbitrated Case may rely upon a cumulation of the factors referred to in these Principles.

9.7 In the following Principles the expression "the conditions under which the work is performed" relates to the environment in which the work is done.

10.1 Changes in work value may arise from changes in the nature of the work, skill and responsibility required or the conditions under which work is performed. Changes in work by themselves may not lead to a change in wage rates. The strict test for an alteration in wage rates is that the change in the nature of the work should constitute such a significant net addition to work requirements as to warrant an increase in remuneration to reflect the changed value of the work.

10.2 In addition to meeting the test in 10.1, a party making a work value application will need to justify any change to wage relativities that might result not only within the relevant internal award structure but also against any external classification to which that structure is related. There must be no likelihood of wage leapfrogging arising out of changes in relative position.

10.3 The foregoing circumstances are the only ones in which rates may be altered on the ground of work value under this Principle and the altered rates may be applied only to employees whose work has changed.

10.4 In applying the Work Value Changes principle, the Commission will have regard to the need for any alterations to wage relativities between awards to be based on skill, responsibility and the conditions under which work is performed.

10.5 Changes in the nature of the work, skill and responsibility required or the conditions under which work is performed that are not recognised by an existing rate of pay or allowance that meet the test in 10.1 are to be compensated as follows:

(1) where all employees in a classification are required to hold and maintain the relevant skills and/or qualifications to perform particular or similar work, and are required to perform it from time to time, this is to be reflected in the rate of pay for the classification;

(2) where a particular employee or employees within a classification are required to hold and maintain particular skills and/or qualifications to perform the work that are in addition to those otherwise required by those employed in that classification, and can be required at any time to perform that work, this is appropriately compensated by an all-purpose allowance payable to that employee or employees instead of by increasing the rate for the classification as a whole;

(3) where new or changed work is work that can be requested of any employee in a classification from time to time, but only arises occasionally and does not form part of the core work for that classification, this is appropriately compensated for by an incident allowance; and

(4) where the addition or alteration to work is related to particular conditions under which the work is performed, and the conditions only arise from time to time, this is appropriately compensated for by a disability allowance.

10.6 The time from which work value changes in an award should be measured is the date of operation of any adjustment arising from the last work value inquiry or the date of a consent award where the parties agreed that the wage increases in the consent award reflect or include increases in work value, whichever is the later.

10.7 Care should be exercised to ensure that changes that were taken into account in any previous work value adjustments or in a structural efficiency exercise are not included in any work evaluation under this Principle.

10.8 Where the tests specified in 10.1 are met, an assessment will have to be made as to how that alteration should be measured in monetary terms. Such assessment will normally be based on the previous work requirements, the wage previously fixed for the work and the nature and extent of the change in work or the date of a consent award in which the parties have agreed that the wage increases reflect increases in work value.

10.9 The Commission will guard against contrived classifications and over-classification of jobs.

11.1 Productivity or efficiency measures that have delivered substantial cost savings and/or productivity or efficiency improvements or which have made a substantial contribution towards the attainment of the objectives of the employer (including departments and agencies of the Crown) to achieve an improved quality of service, and/or become more competitive and/or efficient, to which employees have made a significant contribution, may constitute the basis for increases to wages and salaries or improvements in employment conditions, provided that the time from which such measures, savings or improvements are measured is the later of:

(1) the date of the last adjustment awarded on account of productivity and efficiency; or

(2) the date of a consent award in which parties have agreed that the wage increases incorporate an adjustment made under this Principle.

11.2 Productivity or efficiency improvements in the public sector could arise from:

(1) delivering the same service (quality or quantity) with fewer inputs;

(2) delivering a better service (quality or quantity) with the same inputs;

(3) achieving a large reduction of inputs, with a relatively slight reduction in service quality/quantity; and/or

(4) achieving a large improvement in service quality/quantity, with a relatively small increase of inputs.

11.3 The following are not productivity or efficiency improvements in the public sector:

(1) gaining a small improvement in output with a proportionate or relatively large increase in inputs;

(2) achieving a small reduction in inputs with a proportionate or relatively larger reduction in service quality/quantity;

(3) gaining a small improvement in quality, with no extra inputs, but with a relatively large reduction in output;

(4) slightly boosting output, with no extra inputs, but with a relatively large reduction in quality.

11.4 For the avoidance of doubt, it is not necessary to identify cost savings before an increase can be awarded under this Principle.

11.5 This Principle does not apply to Local Government awards.

12.1 Claims may be made for an alteration in wage rates or other conditions of employment on the basis that the work, skill and responsibility required, or the conditions under which work is performed, have historically been, or are presently, undervalued on the basis of gender.

12.2 Where such a claim is established, the Commission will seek to ensure that wage rates and conditions of employment properly reflect the value of the work, skill and responsibility required and/or the conditions under which the work is performed.

12.3 Where the undervaluation is sought to be demonstrated by reference to any comparator awards or classifications, the assessment is not to have regard to factors incorporated in the rates of such other awards which do not reflect the value of work, such as labour market attraction or retention rates or productivity factors.

12.4 The application of any formula, which is inconsistent with proper consideration of the value of the work performed, including where such formulas may themselves have been the result or product of gendered conceptions of the value of the work the subject of the application, is inappropriate to the implementation of this Principle.

12.5 The assessment of wage rates and other conditions of employment under this Principle is to have regard to the history of the award concerned, including any historical gendered conceptions of the value of the work the subject of the application.

12.6 Where the requirements of this Principle have been satisfied, an assessment will be made as to how the undervaluation should be addressed in money terms or by other changes in conditions of employment, such as reclassification of the work, establishment of new career paths or changes in incremental scales. Such assessments will have regard to the wages and conditions of employment previously fixed for the work and the nature and extent of the undervaluation established.

12.7 In applying the previous paragraph, consideration is to be given to measures to address so far as possible, consistent with achieving the outcome in 12.2 above, a legitimate concern that changes in wage relativities, not only within the award in question but also against external classifications to which the award structure is related, will give to rise to claims that would cause wage leapfrogging.

12.8 Any changes made to the award as a result of this assessment may be phased in and consideration is to be given, where relevant, to whether any increase in award rates can be absorbed in individual employees' over-award payments.

12.9 The Commission will guard against contrived classifications and over-classification of jobs.

12.10 Equal remuneration will not be achieved by reducing any current wage rates or other conditions of employment.

13.1 A new award or a variation to an existing award can be granted otherwise than under one or more of the preceding Arbitrated Case principles where an applicant can demonstrate that the matter has special attributes or is out of the ordinary in a manner that warrants approval by the Commission despite the restrictive considerations imposed by these principles.

13.2 Care should be taken not to rely on factors already taken into account in establishing a predecessor award.

14.1 When considering an application for a new award or the variation of an award, including the timetabling of such an application, the Commission will have regard to whether the parties have complied with the following.

14.2 In respect of the commencement of negotiations for a new award:

(1) a party contemplating a major industrial case must notify the Commission and the other relevant parties at least three months before the nominal expiry date of the award that it is their intention to enter into negotiations for a new award in respect of claims justified under one or more of the Arbitrated Case criteria or otherwise;

(2) the parties to the award must begin negotiations as soon as is practicable after the notification has been given. In this regard, once a written claim has been made by one party on another party, then if negotiations have not already commenced they must begin within 28 days unless it is agreed by the parties to commence negotiations at a later time;

(3) prior to or at the outset of negotiations, a party can make a reasonable request to another party for relevant information to be used for the purpose of evaluating options or developing claims and that request will not be unreasonably refused;

(4) disputes about these procedures will be dealt with in accordance with the dispute resolution procedures in the relevant award applying to the parties to the dispute.

14.3 In respect of any claim to alter existing wages and conditions, including to modernise or consolidate awards, each party is to bargain in good faith prior to any arbitration commencing. In particular, parties are to:

(1) consider whether to enter into mutual gains bargaining under Chapter 2A of the Act;

(2) attend meetings they have agreed to attend and be represented at the negotiations by persons capable of giving genuine consideration and reasoned responses to the proposals of other parties;

(3) comply with agreed or reasonable negotiating or meeting procedures;

(4) disclose relevant information for the purposes of negotiation;

(5) respond to each other's claims and/or counter claims in a reasonable and timely manner; and

(6) to the extent that agreement is reached, apply by consent to the Commission to make a new award or vary an award to give effect to that agreement.

14.4 The good faith bargaining requirements do not require a party to:

(2) reach agreement on the terms that are to be included in the agreement.

15.1 Any employer or group of employers bound by an award may apply, temporarily or otherwise, to reduce, postpone and/or phase in the application of any increase in labour costs determined under the Principles on the ground of very serious or extreme economic adversity. The merit of such an application will be determined on a case by case basis and any relevant material shall be rigorously tested. Significant unemployment or other serious consequences for the employees and employers concerned are important factors to be taken into account in assessing the merit of any application.

15.2 Such an application will be processed according to the Special Case Principle.

15.3 Any decision to temporarily reduce or postpone an increase will be subject to a further review, the date of which will be determined by the Commission at the time it decides any application under this Principle.

(1) any application to make or vary an award that is made on or after the date of commencement of these Principles; and

(2) any such application filed prior to that time where the hearing of the matter has not commenced as at the date of the commencement of these Principles (directions hearings will not count for this purpose).

17.1 These Principles will operate on and from 5 December 2025 until further order of the Commission.

The Commission makes the following order pursuant to s 51:

A. Minimum Wage for Award/Agreement Free Employees

A.1 Employees within the jurisdiction of the Act whose employment is not subject to the terms of an industrial instrument shall be paid not less than the rate prescribed by the National Minimum Wage Order as made by the Fair Work Commission from time to time.

[3] (2024) 337 IR 111; [2024] NSWIRComm 19 at [111].