Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13:

1. This decision concerns an application filed on 21 February 2025 by the Industrial Relations Secretary, on behalf of Fire and Rescue NSW, to vary the Crown Employees (Fire and Rescue NSW Tradespersons) Award 2022, to provide for an increase of 3% to salaries and salary-related allowances in the Award from 1 July 2024 and to vary a number of other terms of employment.

2. As I will explain in more detail below, the application to vary the Award in the manner proposed is made with the consent of all the parties to the Award, however such consent is provided without prejudice to the parties' positions in relation to two related proceedings concerning the making of a new Award.

Background

3. The Award applies to tradespersons employed by Fire and Rescue NSW in various classifications as set out in Part B, Table 1 of the Award.

4. The nominal term of the Award ended on 2 July 2024. The parties have been in negotiations as to the terms of a proposed new Award for some time. On 28 June 2024 the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (AMWU) filed a Notification of an Industrial Dispute pursuant to s 130 of the Industrial Relations Act 1996 (IR Act) in respect of its unresolved log of claims (case no. 2024/00238512). Those claims include a claim for remuneration increases totalling 27% over three years, as well as other matters. On 16 September 2024 the Industrial Relations Secretary (being the employer of the relevant employees for industrial purposes pursuant to s 66 of Fire and Rescue NSW Act 1989 and the Government Sector Employment Act 2013), filed an application for a new award pursuant to s 10 of the IR Act (case no. 2024/00342301). The proposed new Award would see remuneration increased by 9% over three years.

5. Since the fling of the dispute in June last year the parties have engaged in protracted conciliation before me, which has resulted in the parties reaching agreement in respect of some matters, but not all. In particular, the parties remain in dispute in respect of the quantum of remuneration, the payment of a so-called 'test and tag' allowance, classifications, the rates of pay of apprentices and some other matters.

6. To enable the parties to enjoy the benefits of those matters which had been agreed, without further delay, the parties agreed that a consent application should be made to vary the 2022 Award, on the basis that the application would be without prejudice to the parties' position in case nos. 2024/00342301 and 2024/00238512 and would not preclude the Commission from determining the balance of the parties' claims in those matters.

7. While the dispute was only notified by the AMWU, the other union parties to the Award support the AMWU's claim.

8. The application for variation of the Award came before me for directions on 14 March 2025. On that day I raised a number of issues with the application, the evidence filed in support of the application and the proposed variations to the Award. After discussing my concerns at some length, I directed the Industrial Relations Secretary to file and serve an amended application for variation, annexing revised versions of the proposed varied award in mark-up and without mark-up, and a further affidavit in support of that application, by 28 March 2025. That material was duly filed and served on that day, together with proposed Short Minutes of Order, signed on behalf of the solicitor for the Industrial Relations Secretary and by the Assistant State Secretary of the AMWU.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196c6e30eb8cd037689ac756)

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