State Wage Case 2024 – Review of Minimum Rates Awards [2025] NSWIRComm 1004

State Wage Case 2024 – Review of Minimum Rates Awards [2025] NSWIRComm 1004

Given concerns that minimum rate increases for certain awards have not kept pace with inflation nor federal modern award minimums, and in the absence of evidence or submissions demonstrating ongoing utility, a broader review of specified awards is necessary to determine their relevance and whether rates reflect fair and reasonable remuneration. The matter is set for directions to progress this review.

Parties
Aged & Community Care Providers Association Ltd; Health Services Union NSW; Industrial Relations Secretary; Local Government and Shires Association of New South Wales; Media, Entertainment and Arts Alliance New South Wales; NSW Business Chamber Ltd; New South Wales Nurses and Midwives Association; New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union; The Australian Workers' Union, New South Wales; Transport Workers' Union of New South Wales; Unions NSW; United Workers' Union, New South Wales Branch
Jurisdiction
Australia
Judgment Date
03 February 2025
Procedural Posture
Industrial/employment – State Wage Case (review of Minimum Rates Awards) / Listed for Directions – Pre Review Phase
Outcome
Directions made to facilitate review of specified minimum rates awards; matter listed for further directions hearing.
Legal Topics
Awards Review, Remuneration/minimum Wage, Award Utility/obsolescence, Fair and Reasonable Wage Rates
Employment Law Industrial Law Awards Review Remuneration/minimum Wage Award Utility/obsolescence Fair and Reasonable Wage Rates

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Parties

Aged & Community Care Providers Association Ltd

Health Services Union NSW

Industrial Relations Secretary

Local Government and Shires Association of New South Wales

Media, Entertainment and Arts Alliance New South Wales

NSW Business Chamber Ltd

New South Wales Nurses and Midwives Association

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union

The Australian Workers' Union, New South Wales

Transport Workers' Union of New South Wales

Unions NSW

United Workers' Union, New South Wales Branch

Procedural Posture

Industrial/employment – State Wage Case (review of Minimum Rates Awards) / Listed for Directions – Pre Review Phase

Legal Issues

  1. 1 Whether certain minimum rates awards remain of ongoing utility or should be rescinded
  2. 2 Whether rates in the relevant awards require adjustment to ensure fair and reasonable remuneration in conformity with statutory mandate

Ratio Decidendi

Given concerns that minimum rate increases for certain awards have not kept pace with inflation nor federal modern award minimums, and in the absence of evidence or submissions demonstrating ongoing utility, a broader review of specified awards is necessary to determine their relevance and whether rates reflect fair and reasonable remuneration. The matter is set for directions to progress this review.

Court Disposition

Directions made to facilitate review of specified minimum rates awards; matter listed for further directions hearing.

Orders

  • Matter set down for directions on 10 February 2025 at 2pm in Parramatta.
  • Registrar directed to provide a copy of the Statement to all named affected parties.