| [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 | SYDNEY, 1 DECEMBER 2022 |
Schedule X—Additional measures during Covid-19 pandemic – applications to extend operation of Schedule X – Schedule X deleted.
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]
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.
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]
Printed by authority of the Commonwealth Government Printer
<PR748509>
- AGLC
- COVID-19 Award Flexibility – applications to vary Schedule X [2022] FWCFB 221
- Case
- [2022] FWCFB 221
- Decision Date
CaseChat Overview and Summary
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
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.