Health Sector Awards – Pandemic Leave

The applicants, the Health Services Union and others, sought an order to amend the Health Services Award 2010 and other awards to provide for an additional 10 days of leave for workers who had to self-isolate due to potential contact with a suspected COVID-19 carrier or the display of potential COVID-19 symptoms. The application was heard in the Fair Work Commission. The central legal issue was whether the applicants had demonstrated an elevated risk of infection for workers covered by the relevant awards that would justify the leave provision. The Commission considered the degree of success in controlling the COVID-19 pandemic and the current state of knowledge about the risks to health and care workers.

The Commission found that there was insufficient evidence to establish an elevated risk of infection that would warrant the proposed leave provision. While acknowledging the potential seriousness of the COVID-19 pandemic, the Commission noted that the degree of success in controlling the pandemic had meant that the elevated risk to health and care workers had not yet manifested. The Commission also highlighted the potential for the situation to change radically, which made it difficult to determine the appropriate response at that time. Consequently, the Commission was not satisfied that the applications achieved the objective of modern awards.

The matter was stood over, with the possibility of being relisted if the situation significantly deteriorated. The Commission emphasised the dynamic nature of the pandemic and the need to adapt to changing circumstances. The applicants were encouraged to reapply if the conditions warranted it. No orders were made, and the matter remains open for future consideration based on the evolving situation regarding COVID-19.