Gender-based undervaluation is a key part of the NSWNMA argument for a 35% pay rise at the NSW Industrial Relations Court.
A six-week hearing on a 35% wage rise for nurses and midwives kicks of today in the NSW Industrial Relations Commission.
The NSW Nurses and Midwives’ Association’s (NSWNMA) is bringing the legal case to the tribunal after its members rejected the NSW Government’s offer of 9% over three years and agreement could not be reached through negotiations.
“It’s disappointing we weren’t able to settle our pay claim out of the courts, after almost two years of campaigning for a decent pay offer for our members,” said NSWNMA General Secretary, Shaye Candish.
“Nurses and midwives are highly skilled clinicians, and a wage increase that acknowledges their incredible contribution to keeping communities well, is long overdue.
“In order to boost recruitment and retention and reduce workforce shortages, nurses and midwives must receive a competitive wage that addresses the wage stagnation our members have experienced under the previous coalition government’s wages policy.”
The union has flagged it will show evidence that not only has the scope of work expanded, but that the work of nurses and midwives has been undervalued throughout history because of gender.
“The fundamental prism through which all the evidence that Your Honours, Commissioner will hear … is the question of invisible skills,” the union’s barrister Leo Saunders told the commission.
“The pre-professional rates were set on the assumption that it was just holding the patient’s hand and that sort of thing. In turn, the rates that were set in that respect … would not properly recognise that as skill … because of these gendered assumptions.
“That’s the point. We’re obviously not turning up and saying nurses have suddenly discovered the concept of communication and empathy. It’s inherent to the work … It’s just about recognising that aspect and rewarding it…”
The case will be put that the scope of work changed over time, therefore the value of the work has increased over the past 16 years, and the current rates don’t adequately remunerate for that.
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In addition, not only have nurses and midwives missed out on dividends of productivity increases, but they’ve gone backwards because of inflation, and that affects staff recruitment and retention, according to the union.
“Over time, real wages for nurses and midwives fell [2.5]% from 2011 to 2024. This is exclusive of superannuation,” Mr Saunders told the court.
And while he emphasised that he was not running a comparative rates case, he did highlight the differences between pay received by nurses and physiotherapists, psychiatrists, legal officers, geoscientists and mine safety officers.
He also showed the difference between NSW nursing and midwife payment rates, and federal aged care wage minimums.
Mr Saunders said the way the cost of granting nurses and midwives what they’d asked for had been tallied up was overly simplistic.
“This straight kitchen table analysis is only a limited part of the picture,” he said.
“It’s a large claim for a significant cohort of employees. Nurses are expensive now. They’re a major part of the health workforce. They will be made more expensive. This does not translate to fiscal disaster. Similarly, the economic evidence does not demonstrate any kind of catastrophe.”
NSWNMA assistant general secretary Michael Whaites told media the union had more than 17,400 pages of evidence, statements from a dozen experts and academics, and nearly 40 witness statements from nurses and midwives.
“We won’t fix the issues in the public health system until we value and respect our nurses and midwives. The government’s offer fails to meet this simple test,” Mr Whaites said.
“It’s time nurses and midwives were appropriately remunerated and recognised for the critical and undeniable role they play in the public health system.”
Earlier this month, public sector nurses and midwives voted to accept the NSW government’s interim offer, including an interim 3% pay increase back paid to 1 July 2025, a night duty penalty increase to 20%, two consecutive days off, consultation before rostering changes and no night duty before annual leave unless requested.
Today’s hearing will continue throughout the afternoon. The case is scheduled to conclude on November 7.