Australia, Sept. 3 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 4:
1. This decision completes the State Wage Case 2024, a proceeding brought on by the Commission acting on its own initiative pursuant to s 50 of the Industrial Relations Act 1996 (NSW) (IR Act) arising from the decision of the Fair Work Commission (FWC) in Re Annual Wage Review 2023-2024 (National decision). [1] It determines the outcome of a review into nine minimum rates awards.
2. On 9 October 2024 in State Wage Case 2024 (No 2), [2] the Full Bench determined to increase the rates of pay and pay-related allowances by 3.75% in line with the National decision, from 1 July 2024 in respect of "Category 1" awards and from 1 September 2024 in respect of "Category 2" and "Category 3" awards. However, the Full Bench also identified a need for all of the awards identified in the three categories to be reviewed to establish their ongoing utility and, in the case of the Category 1 awards, whether the rates provided for in the awards required adjustment to ensure they represent fair and reasonable wages in conformity with the Commission's statutory mandate.
3. The Full Bench referred the review to Commissioner McDonald to report to the Full Bench pursuant to s 156(5)(a) of the IR Act.
4. On 3 February 2025 Commissioner McDonald published a Statement identifying, for the benefit of the interested parties, the nature of the review and to invite evidence and submissions from interested parties to ensure that all interested parties had an opportunity to be heard in respect of the review. [3]
Commissioner McDonald's Recommendations
5. On 24 July 2025, Commissioner McDonald delivered her report to the Full Bench. In that report she outlined the process she engaged in to conduct the review referred to her and the material filed by interested parties, and she made recommendations with respect to each of the Relevant Awards. In summary those recommendations are:
Category 1 Awards
1) By consent, the Commission should rescind the Security Industry (State) Award.
2) The Commission should rescind the Miscellaneous Workers - Kindergartens and Child Care Centres, &c. (State) and replace it with a new award to be called the Kindergartens and Child Care Centres (State) Award which, inter alia, provides for rates of pay in line with the Children's Services Award 2010 (Cth).
3) The Commission should rescind the Health, Fitness and Indoor Sports Centres (State) Award and replace it with a new award of the same name to provide for, inter alia, rates of pay in line with the Fitness Industry Award 2020 (Cth), adjusted to maintain relativities.
4) By consent, the Commission should vary the Transport Industry (State) Award to provide for rates of pay in line with the Road Transport and Distribution Award 2020 (Cth) and to make various other amendments as agreed by the parties.
5) By consent, the Commission should rescind the Clerical and Administrative Employees (State) Award.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1987293fbad564107029e97e)
Disclaimer: Curated by HT Syndication.
