NSW Parliament Members Staff – Conditions of Employment determination
You may be aware that the Presiding Officers of the NSW Parliament confirmed the Members Staff Conditions of Employment Determination in April 2025 see HERE.
The PSA wishes to thank delegates and members for the feedback received which the association provided to the Parliament in relation to updating the 2025 determination prior to April.
As you may be aware the goal for the union is to secure the re-establishment of PSA members access to the NSW Industrial Relations Commission and negotiation of a new members staff Conditions of Employment Award.
Relatedly, on 29 May 2025 Ms Gemma Ashton, former staffer to Kylie Wilkinson, won a landmark case against the State of NSW in Ashton v State of New South Wales [2025] NSWIRComm 1028, in which a Full Bench of the Industrial Relations Commission confirmed that employees under the Members of Parliament Staff Act can, presently, bring proceedings for relief from victimisation under s 213 of the Industrial Relations Act 1996 (NSW). Section 210 of the IR Act prohibits employees from being victimised for certain reasons (including being a member of a union, complaining about a WHS matter, engaging in a public or political acting (that does not interfere with the performance of their duties)). Section 213 allows employees to seek relief from victimisation. In accordance with this decision, proceedings can be brought against the state if MPs are victimising their staff. Proceedings can be brought either individually or by the PSA.
We note that the state has appealed the decision to the Court of Appeal, which will be heard on 15 August 2025. The PSA is disappointed that the state has chosen to appeal the decision. It indicates that the state does not want staffers to have fundamental employment protections.
The decision of the Full Bench is available HERE.
This also is running concurrently with discussions the PSA has had with the Minister for Industrial Relations Office seeking to re-establish your access to the NSW IRC by way of amendment to or replacement of the current MOPS act. The PSA will want the commencement of negotiations of a replacement Industrial Award for the existing MOPS determination. We are encouraged with the recent passage of the new Industrial Relations changes to the current legislation and operation of the NSW IRC. We look forward to the government agreeing to the PSA claim for MOPS members as a matter of priority.
Your industrial team will be in contact shortly to organise a member meeting to discuss these developments.
Your PSA delegates
Rachel Smoothy
Angus Hoy
Suzette Meade