State Wage Case 2026 (No 2)

Industrial Relations Commission New South Wales Medium Neutral Citation: State Wage Case 2026 (No 2) [2026] NSWIRComm 20 Hearing dates: Matter determined in chambers Date of orders: 29 September 2026 Decision date: 29 September 2026 Jurisdiction: Industrial Relations Commission Before: Taylor J, President Chin J, Vice President Paingakulam J, Deputy President Deputy President McDonald Deputy President Howell Decision: The Full Bench vacates orders (8), (9), (12) and (13) made on 25 August 2026 in State Wage Case 2026 [2026] NSWIRComm 16 and in lieu thereof makes the following orders: (1) Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Local Government (Electricians) (State) Award is varied in the terms stated in Schedule A (and reflected in the ‘clean’ Word version of the award), filed by the Electrical Trades Union on 14 September 2026, with effect from the first full pay period on or after 1 September 2026. (2) Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Local Government, Aged, Disability and Home Care (State) Award is varied in the terms stated in the clean Word version of Schedule A (reflected in the clean Word version of the Award Reprint), filed by Unions NSW on 11 September 2026, with effect from the first full pay period on or after 1 September 2026. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW ─ Awards and enterprise

agreements ─ Variation ─ State Wage Case ─ Finalisation of variations made arising from State Wage Case 2026 [2026] NSWIRComm 16 Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: State Wage Case 2026 [2026] NSWIRComm 16 Texts Cited: Entertainment and Broadcasting Industry – Live Theatre and Concert (State) Award Health, Fitness and Indoor Sports Centres (State) Award Kindergartens and Child Care Centres (State) Award Local Government (Electricians) (State) Award Local Government, Aged, Disability and Home Care (State) Award Nurses' (Local Government) Residential Aged Care Consolidated (State) Award 2021 Transport Industry (State) Award Category: Principal judgment Parties: Electrical Trades Union of Australia, New South Wales Branch Industrial Relations Secretary Local Government NSW New South Wales Nurses and Midwives’ Association Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales Unions NSW United Workers Union Representation: Solicitors/others: Crown Solicitor’s Office (NSW) (Industrial Relations Secretary) Electrical Trades Union of Australia, New South Wales Branch Local Government NSW New South Wales Nurses and Midwives’ Association Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales Unions NSW United Workers Union File Number(s): 2026/231285 Publication restriction: Nil

DECISION On 25 August 2026, the Full Bench published its first decision in relation to the State Wage Case 2026. In that decision the Full Bench: adopted the Fair Work Commission decision Annual Wage Review 2026 [2026] FWCFB 3500 (Annual Wage Review Decision), as a National decision within the meaning of s 48 of the Industrial Relations Act 1996 (IR Act); and was satisfied that it was appropriate to adopt the Annual Wage Review Decision in respect of the minimum rates awards, [1] as proposed by consent variations then advanced by the parties. Accordingly, the Full Bench determined to vary the minimum rates awards to provide an adjustment of 4.75% on and from the dates set out in the consent applications, subject to the correction of some minor typographical errors in the filed draft awards. Orders were made accordingly. Pursuant to orders (3), (5), (7), and (11), on 8 September 2026 the Industrial Relations Secretary filed updated Schedules reflecting the variations made by the Full Bench for the Kindergartens and Child Care Centres (State) Award (order (2)); the Health, Fitness and Indoor Sports Centres (State) Award (order (4)); the Transport Industry (State) Award (order (6)); and the Entertainment and Broadcasting Industry – Live Theatre and Concert (State) Award (order (10)). Pursuant to order (15), on 7 September 2026 the NSW Nurses’ and Midwives’ Association filed an

updated Schedule reflecting the variations made by the Full Bench to the Nurses’ (Local Government) Residential Aged Care Consolidated (State) Award (order (14)). There was a delay in compliance with orders (8) and (9) (relating to the Local Government (Electricians) (State) Award (Electricians Award)) and orders (12) and (13) (relating to the Local Government, Aged, Disability and Home Care (State) Award), meaning it is necessary for the Full Bench to modify the form of orders that it made on 25 August 2026 in respect of those awards. In addition, some further minor errors were identified by the parties in the Electricians Award. Leave was given to the parties to those awards to file further updated versions of the Electricians Award and the Local Government, Aged, Disability and Home Care (State) Award. The relevant parties have now filed documents in accordance with that leave: in respect of the Electricians Award, updated Schedules were filed by the Electrical Trades Union on 14 September 2026; and in respect of the Local Government, Aged, Disability and Home Care (State) Award, updated Schedules were filed by Unions NSW on 11 September 2026.

ORDERS In the circumstances, the Full Bench vacates orders (8), (9), (12) and (13) made on 25 August 2026 in State Wage Case 2026 [2026] NSWIRComm 16 and in lieu thereof makes the following orders: Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Local Government (Electricians) (State) Award is varied in the terms stated in Schedule A (and reflected in the ‘clean’ Word version of the award), filed by the Electrical Trades Union on 14 September 2026, with effect from the first full pay period on or after 1 September 2026. Pursuant to ss 17 and 52 of the Industrial Relations Act 1996 (NSW), the Local Government, Aged, Disability and Home Care (State) Award is varied in the terms stated in the clean Word version of Schedule A (and reflected in the clean Word version of the Award Reprint), filed by Unions NSW on 11 September 2026, with effect from the first full pay period on or after 1 September 2026. ** Endnote 1. The minimum rates awards being identified in principle 6.2 of the Award Making Principles published in State Wage Case 2025 (No 3) [2025] NSWIRComm 36. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 29 September 2026