NSW Industrial Relations Commission Awards Major Pay Increases to Public Sector Nurses and Midwives

In New South Wales Nurses and Midwives’ Association v Health Secretary [2026] NSWIRComm 4 (the Decision), the NSW Industrial Relations Commission (the Commission) has found that the work of public sector nurses, midwives and assistants in nursing has been historically undervalued. The Commission awarded heavily front‑loaded wage increases of up to 28% over three years to almost 70,000 nurses and midwives across the NSW public health system.

The Full Bench (President Ingmar Taylor, Vice President David Chin and Commissioner Janine Webster) determined that assistants in nursing will receive increases of 28%, enrolled nurses 18%, and registered nurses and midwives 16%. Most increases apply upfront from 1 July 2025: 22% for assistants in nursing, 12% for enrolled nurses, and 10% for registered nurses and midwives. All classifications will also receive annual 3% increases in years two and three.

Key Issues

The central issue before the Commission was whether the circumstances justified a departure from ordinary wage-setting principles. The NSWNMA (‘Union’) argued that nurses and midwives had experienced long-standing gender‑based undervaluation, unrecognised increases in work value, and real wage decline during the COVID-19 pandemic due to cost‑of‑living pressures and public sector wage caps. The Union sought total increases of 35% over three years.

The Commission also considered the operative date of any increases. While the Union sought backdating to July 2024, the NSW Government opposed this on fiscal and industrial relations grounds.

Outcome

The Commission declined to backdate the increases to July 2024, instead determining that the first increase should apply from 1 July 2025. President Taylor stated this approach balanced fiscal impacts, provided certainty, and reflected delays caused by the Union’s late commitment to arbitration.

The Commission found that prolonged industrial action, including action contrary to Commission recommendations and undertakings, delayed the outcome by at least eight months.

While the Commission accepted the core work value and gender undervaluation claims, it rejected the Union’s claims to double sick leave entitlements and to reinstate a former flexible work arrangements policy. However, it accepted the Union’s claim for a “cribbing away from home” allowance for Patient Transport Service nurses.

In justifying the scale of the increases, the Commission relied on three primary considerations. First, it found that nurses’ and midwives’ wages fell behind inflation during the COVID‑19 pandemic, describing the resulting inflation as “extraordinary and unexpected” and warranting a one‑off wage reset. Second, it accepted that since 2009 there have been significant changes in the nature, complexity and demands of nursing work, satisfying the strict test for a work value increase. Third, it concluded that the work has been subject to historical gender‑based undervaluation, particularly through the failure to properly recognise caring, communication and interpersonal skills which were historically treated as inherent female attributes rather than high-value professional competencies.

The Commission also relied on the Fair Work Commission’s findings of gender‑based undervaluation in aged care, supporting higher proportional increases for assistants in nursing and enrolled nurses to properly value their work and ensure compliance with federal minimum pay standards.

Key Takeaways

This Decision represents one of the most significant public sector remuneration decisions in NSW industrial relations history. It confirms that cost‑of‑living pressures, work value changes and gender‑based undervaluation can justify substantial wage increases, particularly in female‑dominated professions. The Decision is likely to influence future public sector and gender equity-based remuneration claims under the Industrial Relations Act 1996 (NSW).

If you have questions about how this decision may affect you as an employee or employer, please contact Nick Stevens, Paul Chapman, Evelyn Rivera, Ayla Hutchison or Dragana Prtenjak.