1
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 decision1 (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.
1 [2020] FWCFB 1837.
[2020] FWCFB 3281
STATEMENT
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/2020fwcfb1837.htm
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am202012-information-note-flex-010420.pdf
https://www.fwc.gov.au/documents/documents/resources/covid-19-information/information-note-government-responses-2020-03-30-1800.pdf
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am202012-information-note-bargaining-010420.pdf
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am202012-information-note-awards-industries-010420.pdf
[2020] FWCFB 3281
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[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 amod@fwc.gov.au.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR720418
mailto:amod@fwc.gov.au
[2020] FWCFB 3281
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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
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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
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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
