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"), the Independent Education Union of Australia NSW/ACT Branch ("IEU") and the National Tertiary Education Union NSW Division ("NTEU") on 15 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 casually employed to mark the Higher School Certificate examinations at various locations determined by the Chief Executive Officer of NESA. The proposed new award will be known as the Higher School Certificate Marking and Related Casual Employees Rates of Pay and Conditions Award 2024 ("2024 Award").

3. The Federation, the IEU and the NTEU 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 Higher School Certificate Marking and Related Casual Employees Rates of Pay and Conditions Award 2021 ("2021 Award") with a three-year term backdated to 1 January 2024.

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

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

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

3) a 3 per cent increase to salaries and salary related allowances from the first full pay period on or from 1 July 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 were set out in an email trail dated 23 July 2025 between representatives of all of the parties and are consistent with Premier's Department Circular C2025-06 Meal, Travelling and Other Allowances for 2025-26. This email was accepted and marked Exhibit 2 in these proceedings.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19835b3457ed009fef6c5712)

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