Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 3:

1. This decision concerns an application, filed on 4 June 2025, pursuant to s 17 of the Industrial Relations Act 1996 (IR Act), to vary the rates of pay of employees in certain classifications under the Crown Employees (Household Staff - Department of Education) Wages and Conditions Award 2022 (HS Award).

2. The HS Award covers household staff, employed under the Government Sector Employment Act 2013 (GSE Act), in a "Residential Agricultural High School" (as defined in the HS Award). The staff work in schools run by the Department of Education and the Department is named on the party card maintained by the Registrar pursuant to r 6.7 of the Industrial Relations Commission Rules 2022 as an affected person. However, pursuant to s 50 of the GSE Act, the Industrial Relations Secretary is, for the purposes of any proceedings relating to public service employees held before a competent tribunal having jurisdiction to deal with industrial matters, taken to be the employer of public service employees. Consequently, the Industrial Relations Secretary is properly named as the Applicant in the application for variation of the HS Award (Application).

3. On 3 July 2025 the Commission was informed by the solicitor for the Industrial Relations Secretary that, although the Department of Education is not named as a party to the Application, (despite being named on the party card), the Department is aware of the proceeding, the like of which have historically been conducted "under the umbrella of" proceedings concerning the Crown Employees Wages Staff (Rates of Pay) Award, and consents to the Application.

4. Curiously, the Industrial Relations Secretary is not noted on the party card for the HS Award. I have confirmed with the solicitor for the Industrial Relations Secretary that this should be rectified.

5. The United Workers' Union, New South Wales Branch (UWU), being the Union referred to in the HS Award and with coverage of the employees covered by the HS Award, is named as the Respondent to the Application, but has not filed a Notice of Appearance. The Application, signed by an unnamed solicitor in the employ of Karen Smith, the Crown Solicitor, the solicitor for the Industrial Relations Secretary, states that the application for variation "is made with the consent of the parties". Filed with the Application was a draft consent order, apparently signed by the same unnamed solicitor in the employ of Karen Smith, Crown Solicitor and by Sean Howe, National Industrial Coordinator for the Respondent.

6. The Application is supported by an Affidavit affirmed on 30 May 2025 by Jessica Parry, an Acting Manager, Public Sector Industrial Relations within the Industrial Relations Branch, NSW Premier's Department. She attests that she is responsible for providing strategic advice and support on industrial relations matters to the NSW public sector including in relation to wages policies, conditions of employment and the broader implications of industrial relations policy and/or practice on public sector service delivery across the NSW public sector workforce. I assume from that information that she therefore has knowledge of the facts asserted in her Affidavit and is suitably qualified to express the opinions she has expressed in her Affidavit.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197cf00f4f237a113bcbcc87)

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