| [2020] FWCFB 3281 |
| FAIR WORK COMMISSION |
STATEMENT |
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
(AM2020/12)
Various industries | |
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 23 JUNE 2020 |
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.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR720418>
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