Case summary: New South Wales Nurses and Midwives’ Association v Health Secretary [2026] NSWIRComm 4
Published on April 22, 2026 by Tim Grellman
The Full Bench of the Industrial Relations Commission of New South Wales has awarded substantial wage increases to nurses, midwives and assistants in nursing in New South Wales, following a finding that their work has been historically undervalued.
Outcome of the decision
The Commission determined that registered nurses and midwives will receive a total pay increase of 16 per cent over three years, enrolled nurses will receive 18 per cent, and assistants in nursing will receive 28 per cent. These increases will commence from 1 July 2025 and include a significant “one-off reset” in the first year, followed by smaller incremental increases in the subsequent two years. However, the overall increases are reduced to account for the existing 3 per cent annual wage rises previously agreed with the New South Wales Government.
Gender undervaluation
In reaching its decision, the Commission accepted that there is a real possibility that nursing and midwifery work has been undervalued on gender-based grounds. The Commission found that the caring, communication and interpersonal skills required in these roles have historically been treated as inherent female attributes rather than being properly recognised as skills of significant economic value. The Commission held that these “invisible skills” are integral to the important healthcare roles examined in the case and warrant increased remuneration.
Work value changes
The Commission also found that there have been significant changes in the work performed by nurses, midwives and assistants in nursing since the last major work value assessment in 2009. These changes were of sufficient magnitude to satisfy the strict requirements of the work value principle and justify a wage increase.
Economic considerations
Further, the Commission accepted that the real value of wages in the sector has declined over time, particularly due to the effects of high inflation during the COVID-19 period. This supported the need for an adjustment to restore the real value of remuneration. The Commission also considered the broader economic position in New South Wales, noting the substantial financial impact of any increase.
The NSW Nurses and Midwives Association, which sought a 35 per cent wage increase, expressed some disappointment with the outcome, particularly in respect of registered nurses and midwives, who received the lowest proportional increase despite forming the majority of the workforce. The Association maintained that structural pay inequities remain.
The New South Wales Government accepted the Commission’s decision, noting that while the increases will cost billions of dollars over the forward estimates, they are considered manageable within the broader economic context in New South Wales.
Practical implications
This decision represents a significant development for the valuation of work performed by nurses, midwives and assistants in nursing. For public sector health employers in New South Wales, it provides a clear and structured framework for implementing staged wage increases, allowing for orderly adjustment of payroll systems and forward financial planning.
For employees and their representatives, the outcome delivers meaningful recognition of the skill, responsibility and complexity inherent in these roles, particularly in respect of caring and interpersonal functions that have historically been overlooked. The decision strengthens the foundation for future claims addressing gender-based undervaluation and supports ongoing efforts to achieve equitable remuneration in female-dominated professions.
More broadly, the decision reflects a considered and balanced approach by the Industrial Relations Commission of New South Wales in addressing both systemic inequities and economic realities. It signals a progressive application of the work value principle and reinforces the importance of properly recognising evolving roles within essential services, while maintaining fiscal responsibility.
This article was published on 22 April, 2026 by Carroll & O’Dea Lawyers and is based on the relevant state of the law (legislation, regulations and case law) at that date for the jurisdiction in which it is published. Please note this article does not constitute legal advice. If you ever need legal advice or want to discuss a legal problem, please contact us to see if we can help. You can reach us on 1800 059 278 or via the Contact us page on our website. (www.codea.com.au). If you or a loved one has been injured, use our Personal injury Claim Check now (Personal Injury Claim Check – Carroll & O’Dea Lawyers).