[2020] FWC 1956
Fair Work Act 2009
s.158— variation of a modern award to achieve the modern award objective
Health Sector Awards – Pandemic Leave
(AM2020/13)
JUSTICE ROSS, PRESIDENT MELBOURNE, 15 APRIL 2020
[1] On 8 April 2020 a Full Bench of the Commission issued a Decision1 (the April 2020
Decision) varying 99 modern awards to insert a new Schedule – ‘Schedule X: additional
measures during the COVID-19 pandemic’.
[2] During the course of the proceedings relating to the April 2020 Decision the ACTU,
AMNF, the HSU and APESMA made submissions regarding the particular circumstances of
health care workers. The awards which were the subject of those submissions are as follows:
Aboriginal Community Controlled Health Services Award 2010
Aged Care Aware 2010
Ambulance and Patience Transport Industry Award 2010
Health Professionals and Support Services Award 2010
Medical Practitioners Award 2010
Nurses Award 2010
Pharmacy Industry Award 2010
Social, Community, Home Care and Disability Services Industry Award 2010
Supported Employment Services Award 2010
[3] In the April 2020 Decision the Full Bench responded to these submissions as follows:
‘We will shortly convene a conference of interested parties with a view to establishing a
separate process to address the issues raised by the ACTU, ANMF, APESMA and HSU.’2
[4] On 9 April 2020 I published a Statement3 in respect of these issues and convened a
conference on Tuesday 14 April 2020, at 2pm, to discuss the following matters:
1 [2020] FWCFB 1837
2 [2020] FWCFB 1837 at [59]
3 [2020] FWCFB 1905
STATEMENT
E AUSTRALIA FairWork Commission
[2020] FWC 1956
the coverage and application of each of the awards mentioned in [2] above. In
particular, whether the practical application extends to each award extends to each
State and Territory and the extent of enterprise agreement coverage;
the nature of the claim advanced by the relevant unions; and
the process for dealing with the claims advanced.
[5] The following materials were attached to the 9 April Statement to assist in the
discussion at the Conference:
(i) Article ‘SARS-CoV-2 viral load and the severity of COVID-19’ – published
by the Centre for Evidence-Based Medicine at the University of Oxford and
referenced in the HSU submission to AM2020/12.
(ii) Information note on employees mapped to the Health industry awards.
[6] The conference was attended by:
Ms J Baulch, APESMA
Ms A Moussa, Victorian Ambulance Union
Ms R Liebhaber, Health Services Union
Mr T Clarke, ACTU
Mr S Bull, United Workers Union
Ms M De Vecchis, Australian Salaried Medical Officers Federation
Ms L Fisher, Private Hospital Industry Employers’ Association
Mr M Robson, Australian Services Union
Ms R Bhatt and Mr B Ferguson, Ai Group
Mr M Pegg, National Disability Services
Ms K Wischer, Australian Nursing and Midwifery Federation
Ms P Thomson, Australian Federation of Employers and Industry
Ms S Harris, Pharmacy Guild of Australia
Mr M Skulley, Workplace Express
[7] A transcript of the conference is available here.
[8] The key issues arising from the conference are as follows:
1. A separate page has been set up in the major cases part of the Commission’s website,
which can be viewed here: health sector awards – pandemic leave. Interested parties
can subscribe to updates to be notified when documents are published on the major
case site, by creating an account or logging in and selecting the Health sector awards –
pandemic leave announcement service.
2. The ACTU is coordinating the finalisation of the unions’ claims in respect of this
matter and s.158 applications to vary will be filed shortly.
3. The ACTU will advise my chambers when the unions are in a position to advance a
proposed timetable for the hearing and determination of the claims. The ACTU will
discuss the proposed timetable with the various employer interests.
https://www.fwc.gov.au/about-us/reports-publications/subscribe-updates
https://www.fwc.gov.au/health-sector-awards-pandemic-leave
https://www.fwc.gov.au/documents/sites/health-sector-pandemic-leave/transcript/am-2020-12-transcript-2020-04-14.pdf
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am202012-information-note-health-industry-090420.pdf
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am202012-article-sars-cov-090420.pdf
[2020] FWC 1956
4. As to the coverage and application of each of the awards mentioned in [2] above, the
list below breaks down the agreements in the health sector that have a nominal expiry
dates from 1 June 2019 into the following industry sub-groups:
Industry
Current
agreements
Aged care industry 474
Ambulance and patient transport 11
Health and welfare services 655
Indigenous organisations and services 4
Social, community, home care and disability services 201
Grand Total 1345
The Health and welfare agreements cover nurses, allied health professionals, support
and administrative staff. Consistent with the national system jurisdiction, there are
agreements for public hospitals in Victoria and the territories but not elsewhere. Most
agreements are for private hospitals (including nurses), large private sector employers
such as Ramsey and pathology/radiology services. There appear to be some local
government services (primarily Victoria and Tasmania) and not for profits such as the
Red Cross.
The SCHADS agreements are primarily the larger not for profits, local government
and State government (Victoria) in the disability and social services sectors. There do
not appear to be many agreements for smaller private sector providers especially in the
home care sector who are contracted to provide NDIS support.
Aged care agreements cover nurses, support and administrative staff. While there are a
large number of agreements in this sector, these are predominantly for the larger
providers such as BUPA and religious organisations; there do not appear to be many
agreements for smaller private sector providers.
During the course of the conference a number of parties expressed views about the
coverage and application of some of the awards mentioned at [2] above. Those parties
are asked to confirm their views, in writing, to chambers.ross.j@fwc.gov.au as soon as
practicable.
[9] This matter will be relisted for a further conference after the ACTU has advised my
chambers that the unions are in a position to propose a timetable.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
THE FAIR WORK OF COMMISSION THE
mailto:chambers.ross.j@fwc.gov.au
[2020] FWC 1956
PR718275
