Australia, Aug. 21 -- New South Wales Land and Environment Court issued text of the following judgement on July 21:

1. This decision concerns a consent application to vary the Nurses' (Local Government) Residential Aged Care Consolidated (State) Award 2021 (LG Nurses Award), and dispute proceedings commenced by Unions NSW on behalf of the Health Services Union NSW (HSU) and New South Wales Nurses and Midwives' Association (NSWNMWA) against Local Government NSW (LGNSW).

2. The dispute proceedings, being case no. 2024/00483819 (Dispute Proceedings), were commenced on 30 December 2024 for reasons explained below.

3. The consent application seeking variation of the LG Nurses Award, being case no. 2025/00271359, was filed by the NSWNMWA on 15 July 2025 (Application) and names LGNSW as respondent. The Application seeks to increase pay rates consistent with increases awarded in Stage 3 Tranche 1 of the Fair Work Commission's Aged Care Work Value Case. The Application is supported by an affidavit affirmed by Paul Collier, Lead Industrial Officer in the Public Health Organising Team of NSWNMWA, on 15 July 2025.

Background

4. The Application has been made while the LG Nurses Award is otherwise under review arising from the State Wage Case 2024 (being proceeding no. 2024/211169).

5. On 9 October 2024, in State Wage Case 2024 (No 2) [2024] NSWIRComm 6, the Full Bench determined to increase the rates of pay and pay-related allowance by 3.75% in line with the Fair Work Commission's Annual Wage Review 2023-24 [2024] FWCFB 3500; 331 IR 248 (this being a National decision within the meaning of s 50 of the Industrial Relations Act 1996 (NSW)) (IR Act), from 1 July 2024 in respect of "Category 1" awards and from 1 September 2024 in respect of "Category 2" and "Category 3" awards, as identified in the Full Bench's decision. Category 1, 2 and 3 awards are all "minimum rates awards", as opposed to "paid rates awards", the later prescribing rates that an employer is not only obliged to pay to employees, but which also in practice represents the actual remuneration received by the employee. Minimum rates awards, as the name suggests, prescribe a minimum rate of pay, but in practice employees may be paid more than the prescribed amount. There are only a small number of minimum rates awards made by the Commission and pursuant to Award Making Principle 6.2 (and its cognate predecessors) the Commission determines whether an adjustment should be made to the rates provided for in those awards as part of its annual State Wage Case, which follows the completion of the Annual Wage Review by the Fair Work Commission.

6. The Full Bench in the State Wage Case 2024 identified a need for all of the minimum rates 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 require adjustment to ensure they represent fair and reasonable wages in conformity with the Commission's statutory mandate.

7. The LG Nurses Award is a "Category 3" award, along with the Local Government, Aged, Disability and Home Care (State) Award (LGADHC Award), being awards covering employees of local government (together referred to as the "Category 3 Awards").

8. The Full Bench referred the review to me to report to the Full Bench pursuant to s 156(5)(a) of the IR Act. My report is not yet finalised, however by reason of evidence filed in the ongoing State Wage Case 2024 proceeding, I am satisfied, as I was with the LGADHC Award, that the LG Nurses Award is not obsolete, and that the rates provided for in the Award, particularly after the proposed further variation, represent fair and reasonable wages and I will be reporting this to the Full Bench. For the reasons I set out below I consider that the variation sought by the NSWNMWA, with the consent of LGNSW, should be made at this time, despite the fact that the State Wage Case 2024 review of minimum rates awards is not yet complete. Whether any further variation is required arising from my review will be a matter for the Full Bench.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1982a652292b231a838758e6)

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