Industrial Relations Commission New South Wales Medium Neutral Citation: Re Health and Community Employees Psychologists (State) Award 2024 and other Health Awards [2024] NSWIRComm 15 Hearing dates: Matter determined in chambers Date of orders: 26 November 2024 Decision date: 26 November 2024 Jurisdiction: Industrial Relations Commission Before: Justice I Taylor, President Decision: (1) Pursuant to section 17 of the Industrial Relations Act 1996 (NSW), the awards listed in Annexure A are rescinded. (2) Pursuant to section 10 of the Industrial Relations Act 1996 (NSW), the awards listed in Annexure B are made in the form filed by the Health Secretary on 1 November 2024. Catchwords: AWARDS — consent award applications – making new awards to which the HSU is a party in accordance with memorandum of understanding — no issue of principle Legislation Cited: Industrial Relations Act 1996 (NSW), ss 10, 15, 17, 146 Category: Principal judgment Parties: Health Secretary, NSW Ministry of Health (Applicant) Health Services Union NSW (Respondent) Representation: Solicitors: Radhika Raju (Health Secretary) Advocates: A Murphy (Health Secretary) J Lappin and C Barker (Health Services Union) File Number(s): 2024/00242665 2024/00242689 2024/00242741 2024/00242758 2024/00242769 2024/00242779 2024/00242786 2024/00242792 2024/00242834 2024/00242796 2024/00242810 2024/00242842 2024/00242847 2024/00242851 2024/00242855 2024/00242858 2024/00242867 2024/00242873 2024/00242895 2024/00242904 2024/00242913 2024/00242924 2024/00242933 2024/00242943 2024/00242953 2024/00242973 2024/00242980 2024/00242996 2024/00243004 Publication restriction: Nil DECISION 1. The Commission is asked by consent to make 29 new one-year awards to apply to the Health Secretary, NSW Ministry of Health ("Health Secretary") and the Health Services Union ("HSU"), pursuant to section 10 of the Industrial Relations Act 1996 (NSW). They will replace 29 existing awards, largely replicating their conditions, and providing a 3.5% increase to salaries effective from 1 July 2024. 2. The proposed awards give effect to a Memorandum of Understanding ("MOU") entered into by the parties on 23 October 2024. Other terms in the MOU include: 1. A $1,000 taxable one-off cost of living adjustment payment if the CPI rate exceeds 4%, which will be paid pro rata for employees who do not work full-time. 2. An agreement to increase employees' share of salary packaging to 100%. 3. A commitment to reforming awards and reducing the number of professional awards. 1. I am satisfied on the evidence that it is in the public interest to make the 29 new awards as filed by the applicant and to rescind the existing HSU-covered awards, as required by subsection 146(2) of the Act. As the awards are made in accordance with the MOU and by consent, I infer that it is not inconsistent with the Government's fiscal position to make the award. 2. The awards can be made effective 1 July 2024, that being the date on which the applications for the awards were lodged with the Industrial Registrar, pursuant to subsection 15(3)(a) of the Act. 3. I recognise that the parties to the awards have provided an undertaking to not pursue further claims, demands or proceedings before the Commission for a change in wages, salaries, rates of pay, allowances, or conditions of employment during the nominal term of the award with respect to the officers covered by the awards, other than as provided for in the Industrial Relations Act. That undertaking is reproduced in a "No Extra Claims" clause in each award. 4. Fortified by the fact that they are sought by consent, I am satisfied that the proposed awards set fair and reasonable conditions of employment and that it is appropriate to make the awards under section 10 of the Act. 5. Finally, I commend the parties for their commitment to reforming these awards and to reducing the number of professional awards. There is real scope to simplify awards in this sector and to standardise conditions for similar workers, to the mutual advantage of the parties. I understand that discussions between parties to that end have been ongoing for some time and that they expect to be able to report to the Commission on progress in April 2025. The Commission stands ready to assist the parties in that endeavour. Orders 1. I order that: 1. Pursuant to section 17 of the Industrial Relations Act 1996 (NSW), the awards listed in Annexure A are rescinded. 2. Pursuant to section 10 of the Industrial Relations Act 1996 (NSW), the awards listed in Annexure B are made in the form filed by the Health Secretary on 1 November 2024. Directions 1. I direct that: 1. The Applicant is to file a soft copy in Word of each Award listed in Annexure B in the form filed by the Health Secretary on 1 November 2024 by 4.00pm on Wednesday, 27 November 2024. Annexure A – List of Awards that are rescinded 1. Health and Community Employees Psychologists (State) Award 2023 2. Aboriginal Health Workers' (State) Award 2023 3. Health Employees' Administrative Staff (State) Award 2023 4. Health Employees' Computer Staff (State) Award 2023 5. Health Employees' Conditions of Employment (State) Award 2023 6. Health Employees' Dental Officers (State) Award 2023 7. Health Employees' Dental Prosthesists and Dental Technicians (State) Award 2023 8. Health Employees' Engineers (State) Award 2023 9. Health Employees' Medical Radiation Scientists (State) Award 2023 10. Health Employees' General Administrative Staff (State) Award 2023 11. Health Employees' Interpreters' (State) Award 2023 12. Health Employees' Oral Health Therapists (State) Award 2023 13. Health Employees' Pharmacists (State) Award 2023 14. Health Employees' (State) Award 2023 15. Health Employees' Technical (State) Award 2023 16. NSW Ambulance Control Centre Officers (State) Award 2023 17. NSW Health Service Allied Health Assistants (State) Award 2023 18. NSW Health Service Health Professionals (State) Award 2023 19. Public Hospitals (Professional and Associated Staff) Conditions of Employment (State) Award 2023 20. Public Hospital Medical Physicists (State) Award 2023 21. Public Hospital Professional Engineers' (Biomedical Engineers) (State) Award 2023 22. Public Hospital (Training Wage) (State) Award 2023 23. Public Hospitals Dental Assistants (State) Award 2023 24. Public Hospitals Library Staff (State) Award 2023 25. Public Hospitals Medical Record Librarians (State) Award 2023 26. Health Managers (State) Award 2023 27. Health Professionals' Salaries (State) Award 2023 28. HealthShare NSW Patient Transport Officers' Salaries (State) Award 2023 29. Hospital Scientists (State) Award 2023 Annexure B – List of Awards that are made 1. Health and Community Employees Psychologists (State) Award 2024 2. Aboriginal Health Workers' (State) Award 2024 3. Health Employees' Administrative Staff (State) Award 2024 4. Health Employees' Computer Staff (State) Award 2024 5. Health Employees' Conditions of Employment (State) Award 2024 6. Health Employees' Dental Officers (State) Award 2024 7. Health Employees' Dental Prosthesists and Dental Technicians (State) Award 2024 8. Health Employees' Engineers (State) Award 2024 9. Health Employees' Medical Radiation Scientists (State) Award 2024 10. Health Employees' General Administrative Staff (State) Award 2024 11. Health Employees' Interpreters' (State) Award 2024 12. Health Employees' Oral Health Therapists (State) Award 2024 13. Health Employees' Pharmacists (State) Award 2024 14. Health Employees' (State) Award 2024 15. Health Employees' Technical (State) Award 2024 16. NSW Ambulance Control Centre Officers (State) Award 2024 17. NSW Health Service Allied Health Assistants (State) Award 2024 18. NSW Health Service Health Professionals (State) Award 2024 19. Public Hospitals (Professional and Associated Staff) Conditions of Employment (State) Award 2024 20. Public Hospital Medical Physicists (State) Award 2024 21. Public Hospital Professional Engineers' (Biomedical Engineers) (State) Award 2024 22. Public Hospital (Training Wage) (State) Award 2024 23. Public Hospitals Dental Assistants (State) Award 2024 24. Public Hospitals Library Staff (State) Award 2024 25. Public Hospitals Medical Record Librarians (State) Award 2024 26. Health Managers (State) Award 2024 27. Health Professionals' Salaries (State) Award 2024 28. HealthShare NSW Patient Transport Officers' Salaries (State) Award 2024 29. Hospital Scientists (State) Award 2024 ********** 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: 26 November 2024