Variation of awards on the initiative of the Commission

[2020] FWCFB 3281

[2020] FWCFB 3281

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.157 - FWC may vary etc. modern awards if necessary to achieve modern awards objective

Variation of awards on the initiative of the Commission
(AM2020/12)

Various industries
JUSTICE ROSS, PRESIDENT VICE PRESIDENT HATCHER VICE PRESIDENT CATANZARITI DEPUTY PRESIDENT ASBURY DEPUTY PRESIDENT CLANCY COMMISSIONER SPENCER	MELBOURNE, 23 JUNE 2020

Section 157(3) of the Fair Work Act 2009 (Cth) – additional measures during COVID-19 pandemic–Schedule X-Additional measures during the COVID-19 pandemic – period of operation expires on 30 June 2020 –Commission will not extend on its on motion.

[1] On 1 April 2020 we issued a Statement setting out our provisional view that a number of modern awards be varied to insert a new Schedule X—Additional measures during the COVID-19 pandemic. Schedule X provides an entitlement to unpaid ‘pandemic leave’ and the flexibility to take twice as much annual leave at half pay.

[2] On 8 April 2020 we issued a decision 1 (the April 2020 Decision) varying 99 modern awards to insert Schedule X. A list of the 99 awards is at Attachment A. The following documents informed the Commission’s decision:

•  Information Note on modern awards and industries;

•  Information Note on bargaining by business size;

•  Information Note on Government responses to the COVID-19 pandemic; and

•  Expert report by Professor Borland.

[3] Schedule X commenced operation on 8 April 2020 and operates until 30 June 2020. The operation of Schedule X can be extended on application.

[4] We do not propose to vary Schedule X to extend its operation past 30 June 2020 on our own motion. Any party who wishes to extend the operation of the schedule in a particular award should make an application by noon on Friday 26 June 2020. Applications should be sent to [email protected].

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR720418>

ATTACHMENT A: Modern Awards varied to insert Schedule X

•  Aboriginal Community Controlled Health Services Award 2010

•  Aged Care Award 2010

•  Air Pilots Award 2010

•  Aircraft Cabin Crew Award 2010

•  Airline Operations-Ground Staff Award 2010

•  Airport Employees Award 2010

•  Alpine Resorts Award 2010

•  Aluminium Industry Award 2020

•  Ambulance and Patient Transport Industry Award 2020

•  Amusement, Events and Recreation Award 2010

•  Animal Care and Veterinary Services Award 2020

•  Aquaculture Industry Award 2020

•  Architects Award 2010

•  Asphalt Industry Award 2010

•  Banking, Finance and Insurance Award 2020

•  Book Industry Award 2020

•  Broadcasting, Recorded Entertainment and Cinemas Award 2010

•  Business Equipment Award 2010

•  Car Parking Award 2020

•  Cement, Lime and Quarrying Award 2010

•  Cemetery Industry Award 2020

•  Children’s Services Award 2010

•  Cleaning Services Award 2010

•  Clerks - Private Sector Award 2010

•  Commercial Sales Award 2010

•  Concrete Products Award 2010

•  Contract Call Centres Award 2010

•  Corrections and Detention (Private Sector) Award 2020

•  Cotton Ginning Award 2020

•  Dry Cleaning and Laundry Industry Award 2010

•  Educational Services (Post-Secondary Education) Award 2010

•  Educational Services (Schools) General Staff Award 2010

•  Educational Services (Teachers) Award 2010

•  Fast Food Industry Award 2010

•  Fitness Industry Award 2010

•  Food, Beverage and Tobacco Manufacturing Award 2010

•  Funeral Industry Award 2010

•  Gardening and Landscaping Services Award 2020

•  General Retail Industry Award 2010

•  Graphic Arts, Printing and Publishing Award 2010

•  Hair and Beauty Industry Award 2010

•  Health Professionals and Support Services Award 2010

•  Higher Education Industry-Academic Staff-Award 2010

•  Higher Education Industry-General Staff-Award 2010

•  Horse and Greyhound Training Award 2010

•  Horticulture Award 2010

•  Hospitality Industry (General) Award 2010

•  Journalists Published Media Award 2010

•  Labour Market Assistance Industry Award 2010

•  Legal Services Award 2020

•  Live Performance Award 2010

•  Local Government Industry Award 2010

•  Mannequins and Models Award 2010

•  Manufacturing and Associated Industries and Occupations Award 2010

•  Marine Tourism and Charter Vessels Award 2010

•  Market and Social Research Award 2020

•  Meat Industry Award 2010

•  Medical Practitioners Award 2020

•  Miscellaneous Award 2010

•  Nursery Award 2020

•  Nurses Award 2010

•  Passenger Vehicle Transportation Award 2010

•  Pastoral Award 2010

•  Pest Control Industry Award 2010

•  Pharmaceutical Industry Award 2010

•  Pharmacy Industry Award 2010

•  Poultry Processing Award 2010

•  Premixed Concrete Award 2020

•  Professional Diving Industry (Recreational) Award 2010

•  Professional Employees Award 2010

•  Racing Clubs Events Award 2010

•  Racing Industry Ground Maintenance Award 2020

•  Rail Industry Award 2010

•  Real Estate Industry Award 2020

•  Registered and Licensed Clubs Award 2010

•  Restaurant Industry Award 2010

•  Road Transport (Long Distance Operations) Award 2010

•  Road Transport and Distribution Award 2010

•  Salt Industry Award 2010

•  Seafood Processing Award 2020

•  Security Services Industry Award 2010

•  Silviculture Award 2020

•  Social, Community, Home Care and Disability Services Industry Award 2010

•  Sporting Organisations Award 2020

•  State Government Agencies Award 2020

•  Storage Services and Wholesale Award 2010

•  Sugar Industry Award 2010

•  Supported Employment Services Award 2010

•  Surveying Award 2020

•  Telecommunications Services Award 2010

•  Textile, Clothing, Footwear and Associated Industries Award 2010

•  Timber Industry Award 2010

•  Transport (Cash in Transit) Award 2010

•  Travelling Shows Award 2020

•  Vehicle Manufacturing, Repair, Services and Retail Award 2010

•  Waste Management Award 2010

•  Water Industry Award 2020

•  Wine Industry Award 2010

•  Wool Storage, Sampling and Testing Award 2010

 1   [2020] FWCFB 1837.