[2020] FWCFB 3281


Fair Work Act 2009
s.157 - FWC may vary etc. modern awards if necessary to achieve modern awards objective

Variation of awards on the initiative of the Commission

Various industries



Section 157(3) of the Fair Work Act 2009 (Cth) – additional measures during COVID-19 pandemic–Schedule X-Additional measures during the COVID-19 pandemic – period of operation expires on 30 June 2020 –Commission will not extend on its on motion.

[1] On 1 April 2020 we issued a Statement setting out our provisional view that a number of modern awards be varied to insert a new Schedule X—Additional measures during the COVID-19 pandemic. Schedule X provides an entitlement to unpaid ‘pandemic leave’ and the flexibility to take twice as much annual leave at half pay.

[2] On 8 April 2020 we issued a decision 1 (the April 2020 Decision) varying 99 modern awards to insert Schedule X. A list of the 99 awards is at Attachment A. The following documents informed the Commission’s decision:

  Information Note on modern awards and industries;

  Information Note on bargaining by business size;

  Information Note on Government responses to the COVID-19 pandemic; and

  Expert report by Professor Borland.

[3] Schedule X commenced operation on 8 April 2020 and operates until 30 June 2020. The operation of Schedule X can be extended on application.

[4] We do not propose to vary Schedule X to extend its operation past 30 June 2020 on our own motion. Any party who wishes to extend the operation of the schedule in a particular award should make an application by noon on Friday 26 June 2020. Applications should be sent to amod@fwc.gov.au.


Printed by authority of the Commonwealth Government Printer


ATTACHMENT A: Modern Awards varied to insert Schedule X

  Aboriginal Community Controlled Health Services Award 2010

  Aged Care Award 2010

  Air Pilots Award 2010

  Aircraft Cabin Crew Award 2010

  Airline Operations-Ground Staff Award 2010

  Airport Employees Award 2010

  Alpine Resorts Award 2010

  Aluminium Industry Award 2020

  Ambulance and Patient Transport Industry Award 2020

  Amusement, Events and Recreation Award 2010

  Animal Care and Veterinary Services Award 2020

  Aquaculture Industry Award 2020

  Architects Award 2010

  Asphalt Industry Award 2010

  Banking, Finance and Insurance Award 2020

  Book Industry Award 2020

  Broadcasting, Recorded Entertainment and Cinemas Award 2010

  Business Equipment Award 2010

  Car Parking Award 2020

  Cement, Lime and Quarrying Award 2010

  Cemetery Industry Award 2020

  Children’s Services Award 2010

  Cleaning Services Award 2010

  Clerks - Private Sector Award 2010

  Commercial Sales Award 2010

  Concrete Products Award 2010

  Contract Call Centres Award 2010

  Corrections and Detention (Private Sector) Award 2020

  Cotton Ginning Award 2020

  Dry Cleaning and Laundry Industry Award 2010

  Educational Services (Post-Secondary Education) Award 2010

  Educational Services (Schools) General Staff Award 2010

  Educational Services (Teachers) Award 2010

  Fast Food Industry Award 2010

  Fitness Industry Award 2010

  Food, Beverage and Tobacco Manufacturing Award 2010

  Funeral Industry Award 2010

  Gardening and Landscaping Services Award 2020

  General Retail Industry Award 2010

  Graphic Arts, Printing and Publishing Award 2010

  Hair and Beauty Industry Award 2010

  Health Professionals and Support Services Award 2010

  Higher Education Industry-Academic Staff-Award 2010

  Higher Education Industry-General Staff-Award 2010

  Horse and Greyhound Training Award 2010

  Horticulture Award 2010

  Hospitality Industry (General) Award 2010

  Journalists Published Media Award 2010

  Labour Market Assistance Industry Award 2010

  Legal Services Award 2020

  Live Performance Award 2010

  Local Government Industry Award 2010

  Mannequins and Models Award 2010

  Manufacturing and Associated Industries and Occupations Award 2010

  Marine Tourism and Charter Vessels Award 2010

  Market and Social Research Award 2020

  Meat Industry Award 2010

  Medical Practitioners Award 2020

  Miscellaneous Award 2010

  Nursery Award 2020

  Nurses Award 2010

  Passenger Vehicle Transportation Award 2010

  Pastoral Award 2010

  Pest Control Industry Award 2010

  Pharmaceutical Industry Award 2010

  Pharmacy Industry Award 2010

  Poultry Processing Award 2010

  Premixed Concrete Award 2020

  Professional Diving Industry (Recreational) Award 2010

  Professional Employees Award 2010

  Racing Clubs Events Award 2010

  Racing Industry Ground Maintenance Award 2020

  Rail Industry Award 2010

  Real Estate Industry Award 2020

  Registered and Licensed Clubs Award 2010

  Restaurant Industry Award 2010

  Road Transport (Long Distance Operations) Award 2010

  Road Transport and Distribution Award 2010

  Salt Industry Award 2010

  Seafood Processing Award 2020

  Security Services Industry Award 2010

  Silviculture Award 2020

  Social, Community, Home Care and Disability Services Industry Award 2010

  Sporting Organisations Award 2020

  State Government Agencies Award 2020

  Storage Services and Wholesale Award 2010

  Sugar Industry Award 2010

  Supported Employment Services Award 2010

  Surveying Award 2020

  Telecommunications Services Award 2010

  Textile, Clothing, Footwear and Associated Industries Award 2010

  Timber Industry Award 2010

  Transport (Cash in Transit) Award 2010

  Travelling Shows Award 2020

  Vehicle Manufacturing, Repair, Services and Retail Award 2010

  Waste Management Award 2010

  Water Industry Award 2020

  Wine Industry Award 2010

  Wool Storage, Sampling and Testing Award 2010

 1   [2020] FWCFB 1837.