| [2020] FWCFB 4986 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective
COVID-19 Award Flexibility Schedules
(AM2020/93)
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 16 SEPTEMBER 2020 |
Award flexibility schedules – Schedule X-Additional measures during the COVID-19 pandemic– award specific COVID-19 schedules–schedules due to cease operation.
[1] This Statement deals with a number of COVID-19 related award flexibility schedules that have been inserted into modern awards since March 2020. A table setting out each of the relevant schedules and their expiry dates is at Attachment A.
Schedule X-Additional measures during the COVID-19 pandemic
[2] On 8 April 2020 we issued a decision, 1 (the April 2020 Decision) on our own initiative, varying 99 modern awards to insert a new schedule: 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. Schedule X was to operate until 30 June 2020.
[3] The operation of Schedule X has been extended in 77 awards since the April 2020 Decision. 2
[4] In addition, in August 2020, Schedule X was inserted into the Building and Construction General On-site Award 2010, the Joinery and Building Trades Award 2010 and the Mobile Crane Hiring Award 2010 by a separately constituted Full Bench. 3
[5] In all 80 modern awards currently include a Schedule X. Most of these schedules are due to cease operation on 30 September 2020. 4
[6] Following the April 2020 decision, the Health Sector Awards 5 were referred to a separately constituted Full Bench to deal with submissions made about the particular circumstances of health care workers. The operation of Schedule X in each of these awards was extended until “further or other order of the Commission in matter number AM2020/13”. In July 2020, Schedule X in the Health Sector Awards was varied to allow for periods of unpaid pandemic leave or annual leave at half pay to commence before 29 October 2020.6 The Health Sector Awards Full Bench also inserted an entitlement to paid pandemic leave into 3 awards7. This entitlement is also due to cease operation on 29 October 2020.
[7] During 2020, the Australian Government has introduced several measures, including the JobKeeper program, to support employers and employees. On 3 September 2020, the Coronavirus Economic Response Package (Jobkeeper Payments) Amendment Act 2020 (‘the amendment’) received Royal Assent. The amendment extends the operation of the JobKeeper scheme, with some amendments, until 29 March 2021. On 4 September 2020, the Commission published a Fact Sheet about the amendment.
[8] As we have mentioned above, the JobKeeper scheme has been extended until 29 March 2021. It is our provisional view that the operation of Schedule X in each of the 71 awards at Attachment B should be extended for the same period, that is, until 29 March 2021.
[9] Any submission opposing our provisional view should be filed by 4 pm on Thursday 24 September 2020. Submissions should be sent to amod@fwc.gov.au in word version and include the relevant award title in the subject line.
[10] If no submissions are filed opposing our provisional view, we will vary each of the awards at Attachment B accordingly.
[11] If any submissions are filed opposing our provisional view then a hearing will take place at 10am on Monday, 28 September 2020, by telephone. Parties wishing to appear at the hearing are to provide the name, direct number and organisation by 4 pm on Thursday 24 September 2020 to chambers.ross.j@fwc.gov.au.
[12] In the event that no submissions are filed opposing our provisional view then the hearing proposed for 10am on Monday, 28 September 2020 will not be necessary and will be vacated.
[13] We do not intend to vary any of the Health Sector Awards. Any party wishing to vary these awards to extend the operative date of Schedule X will be required to file an application.
Award specific COVID-19 Schedules
[14] We note that the following awards have industry specific COVID-19 related schedules:
• Clerks–Private Sector Award 2020 which is due to cease operation on 30 September 2020;
• Hospitality Industry (General) Award 2020 which is due to cease operation on 27 September 2020;
• Restaurant Industry Award 2020 which is due to cease operation on 27 September 2020;
• Vehicle Repair, Services and Retail Award 2020 which is due to cease operation on 30 September 2020.
[15] In order to ensure that any applications to extend the operation of the COVID-19 schedules can be dealt with prior to the Schedule ceasing operation, interested parties are requested to direct applications to amod@fwc.gov.au at least 2 business days prior to the expiry date. If parties would like the assistance of the Commission in negotiations in relation to the schedules, they should send a request to chambers.ross.j@fwc.gov.au.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR722848>
Award title |
Award code |
Matter number |
Schedule X (Yes/No) |
Schedule X Expiry date |
Award specific COVID schedule (Yes/No) |
Award specific COVID schedule expiry date |
Decisions, Statements & Transcripts |
1. Aboriginal Community Controlled Health Services Award 2020 |
AM2020/13 AM2020/34 |
Yes |
29 October 2020 |
No |
N/A |
||
AM2020/13 |
Yes |
29 October 2020 |
Yes (Schedule Y) AM2020/13 |
29 October 2020 |
|||
AM2020/12 AM2020/34 |
Yes |
31 December 2020 |
No |
N/A |
Transcript, 30 June 2020, [119] – [123]. | ||
AM2020/12 |
Yes |
30 June 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/13 |
Yes |
29 October 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 AM2020/34 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 June 2020 |
No |
N/A |
|||
17. Broadcasting, Recorded Entertainment and Cinemas Award 2010 |
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 June 2020 |
Yes (Schedule I) AM2020/10 AM2020/30 |
30 September 2020 |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 June 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
30. Educational Services (Post-Secondary Education) Award 2020 |
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
||
AM2020/12 |
Yes |
30 June 2020 |
Yes (Schedule J) AM2020/17 |
1 August 2020 |
|||
AM2020/12 |
Yes |
30 June 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
Yes (Schedule H) AM2020/20 |
31 July 2020 |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/13 |
Yes |
29 October 2020 |
Yes (Schedule Y) AM2020/13 |
29 October 2020 |
|||
AM2020/12 |
Yes |
30 June 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
Yes (Schedule J) AM2020/35 |
27 September 2020 |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
48. Journalists Published Media Award 2010 |
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 June 2021 |
No |
N/A |
Transcript, 30 June 2020, [100] – [105]. | ||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 June 2020 |
No |
N/A |
|||
54. Manufacturing and Associated Industries and Occupations Award 2020 |
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
||
AM2020/12 |
Yes |
30 June 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 June 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/13 |
Yes |
29 October 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/13 |
Yes |
29 October 2020 |
Yes (Schedule Y) AM2020/13 |
29 October 2020 |
|||
AM2020/12 |
Yes |
30 June 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/13 |
Yes |
29 October 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 June 2020 |
Yes (Schedule I) AM2020/14, AM2020/23 |
1 November 2020 |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
Yes (Schedule I) AM2020/11, AM2020/36 |
27 September 2020 |
|||
AM2020/12 |
Yes |
30 June 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 June 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
83. Social, Community, Home Care and Disability Services Industry Award 2010 |
AM2020/12 |
Yes |
29 October 2020 |
No |
N/A |
||
AM2020/12 |
Yes |
30 June 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/13 |
Yes |
29 October 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
31 October 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 June 2020 |
No |
N/A |
|||
91. Textile, Clothing, Footwear and Associated Industries Award 2010 |
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 June 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 June 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
Yes (Schedule I) AM2020/22 AM2020/37 AM2020/88 |
30 September 2020 |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
|||
AM2020/12 |
Yes |
30 September 2020 |
No |
N/A |
1. Air Pilots Award 2020 |
|
2. Airline Operations-Ground Staff Award 2020 |
|
3. Airport Employees Award 2020 |
|
4. Alpine Resorts Award 2020 |
|
5. Aluminium Industry Award 2020 |
|
6. Amusement, Events and Recreation Award 2020 |
|
7. Animal Care and Veterinary Services Award 2020 |
|
8. Aquaculture Industry Award 2020 |
|
9. Architects Award 2020 |
|
10. Asphalt Industry Award 2020 |
|
11. Banking, Finance and Insurance Award 2020 |
|
12. Broadcasting, Recorded Entertainment and Cinemas Award 2010 |
|
13. Building and Construction General On-Site Award 2010 |
|
14. Business Equipment Award 2020 |
|
15. Car Parking Award 2020 |
|
16. Cement, Lime and Quarrying Award 2020 |
|
17. Cemetery Industry Award 2020 |
|
18. Children's Services Award 2010 |
|
19. Cleaning Services Award 2020 |
|
20. Commercial Sales Award 2020 |
|
21. Contract Call Centres Award 2020 |
|
22. Cotton Ginning Award 2020 |
|
23. Educational Services (Post-Secondary Education) Award 2020 |
|
24. Fast Food Industry Award 2010 |
|
25. Fitness Industry Award 2010 |
|
26. Food, Beverage and Tobacco Manufacturing Award 2010 |
|
27. Funeral Industry Award 2010 |
|
28. Gardening and Landscaping Services Award 2020 |
|
29. General Retail Industry Award 2010 |
|
30. Graphic Arts, Printing and Publishing Award 2010 |
|
31. Hair and Beauty Industry Award 2010 |
|
32. Higher Education Industry-General Staff-Award 2020 |
|
33. Horse and Greyhound Training Award 2020 |
|
34. Horticulture Award 2010 |
|
35. Hospitality Industry (General) Award 2020 |
|
36. Joinery and Building Trades Award 2010 |
|
37. Journalists Published Media Award 2020 |
|
38. Labour Market Assistance Industry Award 2020 |
|
39. Legal Services Award 2020 |
|
40. Local Government Industry Award 2020 |
|
41. Manufacturing and Associated Industries and Occupations Award 2020 |
|
42. Meat Industry Award 2020 |
|
43. Miscellaneous Award 2020 |
|
44. Mobile Crane Hiring Award 2010 |
|
45. Nursery Award 2020 |
|
46. Pastoral Award 2010 |
|
47. Pest Control Industry Award 2020 |
|
48. Pharmaceutical Industry Award 2010 |
|
49. Poultry Processing Award 2020 |
|
50. Premixed Concrete Award 2020 |
|
51. Professional Diving Industry (Recreational) Award 2020 |
|
52. Racing Clubs Events Award 2010 |
|
53. Racing Industry Ground Maintenance Award 2020 |
|
54. Rail Industry Award 2020 |
|
55. Registered and Licensed Clubs Award 2010 |
|
56. Restaurant Industry Award 2020 |
|
57. Salt Industry Award 2010 |
|
58. Seafood Processing Award 2020 |
|
59. Security Services Industry Award 2020 |
|
60. Silviculture Award 2020 |
|
61. State Government Agencies Award 2020 |
|
62. Storage Services and Wholesale Award 2020 |
|
63. Sugar Industry Award 2020 |
|
64. Surveying Award 2020 |
|
65. Textile, Clothing, Footwear and Associated Industries Award 2010 |
|
66. Timber Industry Award 2010 |
|
67. Vehicle Repair, Services and Retail Award 2020 |
|
68. Waste Management Award 2020 |
|
69. Water Industry Award 2020 |
|
70. Wine Industry Award 2010 |
|
71. Wool Storage, Sampling and Testing Award 2010 |
2 This number includes the Health Sector Awards which are dealt with separately below.
4 Schedule X is due to cease operation in the following awards on dates other than 30 September: Air Pilots Award 2020 (31 December 2020), Live Performance Award 2010 (30 June 2021) the Surveying Award 2020 (31 October 2020) and the Health Sector Awards.
5 Aboriginal Community Controlled Health Services Award 2020, Aged Care Award 2010, Ambulance and Patient Transport Industry Award 2020, Health Professionals and Support Services Award 2020, Medical Practitioners Award 2020, Nurses Award 2010, Pharmacy Industry Award 2020, Social, Community, Home Case and Disability Services Industry Award 2010 and Supported Employment Services Award 2020.
7 [2020] FWCFB 3940; Aged Care Award 2010; Health Professionals and Support Services Award 2020 and Nurses Award 2010.