[2021] FWC 5453


Fair Work Act 2009

s.158 - Application to vary or revoke a modern award

Mr Andrew Donnellan



Application to vary a modern award to provide paid COVID-19 vaccination leave – Professional Employees Award 2020 - conference to be convened.

[1] The Commission has received an application from Mr Andrew Donnellan to vary the Professional Employees Award 2020 to insert a new clause providing for paid COVID-19 vaccination leave.

[2] The President has referred the application to me to deal with pursuant to s.616(3D)(a) and s.582 of the Fair Work Act 2009.

[3] The application seeks to insert a new clause in Schedule X as follows:

X.2.3 COVID vaccination leave

(a) An employee, including a casual employee, is entitled to up to 4 hours of paid leave, per occasion, in order to obtain a COVID-19 vaccination.

(b) Leave may be taken under clause X.2.3(a) for a period agreed between an employee and their employer. The employer must not unreasonably refuse to agree to a request by the employee to take leave under clause X.2.3(a).

(c) An employee, including a casual employee, is entitled to up to 2 days of paid leave immediately following a COVID-19 vaccination if they are not fit for work because of a personal illness or injury connected with the COVID-19 vaccination.

(d) An employee must give their employer notice of the taking of leave under clause X.2.3(c). The notice:

(i) must be given to the employer as soon as practicable (which may be a time after the leave has started); and

(ii) must advise the employer of the period, or expected period of the leave.

(e) An employee who has given their employer notice of the taking of leave under clause X.2.3(a) or clause X.2.3(c) must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause X.2.3(a) or clause X.2.3(c) respectively.

(f) An employer must not fail to re-engage a casual employee because the employee has accessed an entitlement under this clause.

[4] A conference of interested parties will be convened by telephone to consider the variation sought by the Applicant at 2:00pm AEST on Monday, 20 September 2021.

[5] Any party wishing to participate in the conference should provide contact details to chambers.oneill.c@fwc.gov.au by 4:00pm on Thursday 16 September 2021. Correspondence in relation to the application should be sent to amod@fwc.gov.au.

[6] All correspondence will be issued via a webpage established in relation to the application. A dedicated My Award subscription service called ‘Professional Employees Award 2020’ is used for this matter. Interested parties should subscribe to receive notifications on the subscription services page on the Commission’s website. Any questions about the subscription service can be sent to amod@fwc.gov.au.

Seal of the Fair Work Commission with member’s


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