Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18:

1. On 17 June 2025, the Industrial Relations Secretary, on behalf of the SAS Trustee Corporation Staff Agency (State Super) filed an application to vary the State Super Enterprise Agreement 2024-2027 (Current Agreement) by a further enterprise agreement between State Super and the non-executive employees of State Super pursuant to s 43(1) of the Industrial Relations Act 1996 (NSW).

2. In support of its application, State Super filed the following:

1) a further enterprise agreement titled 'State Super Enterprise Agreement 2024-2027' signed on behalf of the parties to it on 22 May 2025 (Further Agreement);

2) an affidavit of Ms Sobha Nair, Head of People and Culture, affirmed on 29 May 2025;

3) an affidavit of Jessika Riordan, Executive Assistant, sworn on 5 June 2025; and

4) written submissions of Mr Benjamin Madden of Counsel filed on 4 July 2025 pursuant to my order dated 20 June 2025.

3. I was also provided with a report prepared by the Industrial Registrar on 14 July 2025 comparing the conditions of employment in the Further Agreement and the conditions of employment that would otherwise apply to the non-executive employees of State Super under relevant awards.

4. At the hearing on 15 July 2025, I communicated my intention to approve the Further Agreement and to issue a decision to that effect.

5. To vary an enterprise agreement, a further enterprise agreement must be made and approved in accordance with Part 2 of the Industrial Relations Act. For the reasons that follow, pursuant to s 35 of the Industrial Relations Act, I approve the Further Agreement. The Further Agreement has effect from the date of its approval and will apply for the residue of the term of the Current Agreement. [1] The Current Agreement is varied by the Further Agreement and no longer has effect. The Further Agreement is to be entered into a register kept by the Industrial Registrar and published on this Commission's website.

Principles

6. An enterprise agreement may be varied by a further enterprise agreement made and approved in accordance with Part 2 of the Industrial Relations Act. [2]

7. Accordingly, as with an application to approve an enterprise agreement, the Commission needs to satisfy itself that:

1) the requirements of s 35 of the Industrial Relations Act have been met, principally, that the agreement does not, on balance, provide a net detriment to the employees when compared with the aggregate package of conditions of employment under the State awards; [3]

2) the agreement is consistent with the Principles for Approval of Enterprise Agreements (Principles) at Annexure A of Re Review of the Principles for Approval of Enterprise Agreements 2021/2022, [4] unless the Commission is satisfied that any departure from those Principles would not prejudice the interests of any of the parties to the agreement; [5]

3) as employees are parties to the agreement, the special requirements of s 36 of the Industrial Relations Act are met; and

4) the requirements of s 37 of the Industrial Relations Act addressing the process of conducting secret ballots for the approval of agreements have been met.

8. In Re State Super Enterprise Agreement 2024-2027, [6] the Commission provided general guidance, in the form of a checklist, on the requirements for the approval of an enterprise agreement.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19816c2fdb9d68891ab45c57)

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