| [2020] FWCFB 5578 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective
Health Sector Awards—Pandemic Leave
(AM2020/13)
VICE PRESIDENT HATCHER |
SYDNEY, 20 OCTOBER 2020 |
Applications to vary Health sector awards – Pandemic Leave – award specific COVID-19 schedules – schedules due to cease operation.
[1] This Statement deals with the COVID-19 related paid pandemic leave schedules that have been inserted into the Aged Care Award 2010 (Aged Care Award), Nurses Award 2010 (Nurses Award) and the Health Professionals and Support Services Award 2020 (Health Professionals Award) since July 2020.
[2] On 22 July and 24 July 2020, we issued statements 1 proposing to vary the Aged Care Award, Nurses Award and Health Professionals Award to include a new schedule: Schedule Y – Industry Specific Measures During the COVID-19 Pandemic. Schedule Y provides an entitlement to paid pandemic leave to employees working in the aged care industry covered by the Aged Care Award, Nurses Award and the Health Professionals Award.
[3] On 27 July 2020, we issued a decision 2 in which we determined to insert the proposed Schedule Y into the Aged Care Award, Nurses Award and the Health Professionals Award. Each of these awards were subsequently varied and the schedules took effect from 29 July 2020.3 This entitlement is due to cease operation on 29 October 2020.
[4] We have formed the provisional view that the operation of Schedule Y in each of three awards should be extended until 29 March 2021, consistent with the position applying to unpaid pandemic leave in a number of modern awards. This is not intended to limit the capacity of any party to make an application to remove Schedule Y in any of the awards from an earlier date. If such an application is made, it will be the subject of a full hearing before this Full Bench.
[5] We invite interested parties to file written submissions in response to the above provisional view on or before 5.00pm on 26 October 2020.
VICE PRESIDENT
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