Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23:

1. This decision concerns an application for a new award filed by the Industrial Relations Secretary on behalf of the New South Wales Education Standards Authority ("NESA") with the consent of the Australian Education Union New South Wales Teachers Federation Branch ("Federation") and the Independent Education Union of Australia NSW/ACT Branch ("IEU") on 11 July 2025 ("Application").

2. The Application seeks that the Commission make, pursuant to s 10 of the Industrial Relations Act 1996 (NSW) ("IR Act"), a new three-year award to apply to all persons employed as Australian Music Examinations Board ("AMEB") (NSW) Examiners, Assessors and Chief Examiners at NESA. The proposed new award will be known as the Crown Employees (Australian Music Examinations Board (NSW) Examiners, Assessors and Chief Examiners) Award 2024 ("2024 Award").

3. The Federation and the IEU are parties to the proposed 2024 Award.

4. Other than changes to salaries and salary-related allowances and an updated no-extra claims clause, the 2024 Award represents a "rollover" of the Crown Employees (Australian Music Examinations Board (NSW) Examiners, Assessors and Chief Examiners) Award 2020 (2020 Award) with a three-year term backdated to 1 January 2024.

5. The increases proposed to existing salaries and salary-related allowances are:

1) a 3.5 per cent increase to salary and salary related allowances back-dated to the first full pay period on or from 1 January 2024,

2) a 3 per cent increase to salaries and salary related allowances, backdated to the first full pay period on or from 1 January 2025; and

3) a 3 per cent increase to salaries and salary related allowances from the first full pay period on or from 1 January 2026.

6. At the hearing, amendments were made to amounts set out at Table 4 of the proposed 2024 Award filed with the Application. These amendments are consistent with Australian Taxation Office travel and motor vehicle allowances.

Evidence in support of the Application

7 The application was supported by an affidavit affirmed by Deanna Mohr on 4 July 2025.

8 Ms Mohr explained in her affidavit that:

"6. The proposed Award gives effect to increases to salaries and salary-related allowances of an average 9.5 per cent over three years, backdated to the first full pay period on or after 1 January 2024.

7. In my opinion the proposed Award meets the requirements for approval under ss 23 and 146(2) of the Industrial Relations Act 1996 (NSW) (the Industrial Relations Act) for the reasons explained below.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19835cbfa9f5267cff5abb9b)

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