COVID-19 Award Flexibility – applications to vary Schedule X

Case [2022] FWCFB 221


[2022] FWCFB 221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

COVID-19 Award Flexibility – applications to vary Schedule X

(AM2022/22, AM2022/23)

ACTING PRESIDENT HATCHER
DEPUTY PRESIDENT CLANCY
COMMISSIONER SPENCER

SYDNEY, 1 DECEMBER 2022

Schedule X—Additional measures during Covid-19 pandemic – applications to extend operation of Schedule X – Schedule X deleted.

  1. In our decision of 15 July 2022[1] in the above matters, we determined that the operation of the Schedule X unpaid pandemic leave provisions should be extended in the following modern awards until 31 December 2022:

·Aboriginal and Torres Strait Islander Health Workers and Practitioners and 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;

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

·Supported Employment Services Award 2020.[2]

  1. We directed[3] that any parties who sought the further extension of those provisions in any of the above awards should file an application by 30 November 2022.

  1. The Commission has not received any such applications. Accordingly, we will delete the Schedule X unpaid pandemic leave provisions in the above awards with effect from 1 January 2023. A determination giving effect to that will be published concurrently with this decision.


ACTING PRESIDENT


[1] [2022] FWCFB 130

[2] Ibid at [22]

[3] Ibid at [25]

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Details
AGLC
COVID-19 Award Flexibility – applications to vary Schedule X [2022] FWCFB 221
Case
[2022] FWCFB 221
Decision Date

CaseChat Overview and Summary

The Fair Work Commission, comprising Acting President Hatcher, Deputy President Clancy, and Commissioner Spencer, considered the applications to extend the operation of Schedule X unpaid pandemic leave provisions within various modern awards. The applicants sought an extension of the provisions in the Aboriginal and Torres Strait Islander Health Workers and Practitioners and 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, Social, Community, Home Care and Disability Services Industry Award 2010, and Supported Employment Services Award 2020. The Commission was required to decide whether the operation of these provisions should be extended beyond the initially determined date of 31 December 2022.

The Commission examined the submissions and evidence presented by the parties and considered the broader context of the COVID-19 pandemic and its impact on the relevant industries. The Commission noted that no further applications had been filed by the deadline of 30 November 2022. Given the absence of any further applications seeking an extension and considering the current situation, the Commission determined that the Schedule X unpaid pandemic leave provisions should not be extended. Consequently, the Commission decided to delete the Schedule X unpaid pandemic leave provisions in the relevant awards effective from 1 January 2023.

The Fair Work Commission concluded that the Schedule X unpaid pandemic leave provisions in the specified modern awards should not be extended beyond 31 December 2022, as no further applications were received by the specified deadline. The Commission will delete the provisions effective from 1 January 2023, and a determination to this effect will be published concurrently with this decision.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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