Fair Work Act 2009
s.157 - FWC may vary etc. modern awards if necessary to achieve modern awards objective
COVID-19 Award Flexibility Schedules
(AM2020/93)
JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
VICE PRESIDENT CATANZARITI
DEPUTY PRESIDENT ASBURY
DEPUTY PRESIDENT CLANCY
COMMISSIONER SPENCER MELBOURNE, 24 SEPTEMBER 2020
Award flexibility schedules – Schedule X-Additional measures during the COVID-19
pandemic– award specific COVID-19 schedules–schedules due to cease operation.
[1] On 8 April 2020 we issued a Decision,1 on our own initiative, varying 99 modern
awards to insert a new schedule: 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. Schedule X was to operate until 30 June 2020.
[2] The operation of Schedule X has been extended in 81 awards since the April 2020
Decision.
[3] In addition, in August 2020, Schedule X was inserted into the Building and
Construction General On-site Award 2010, the Joinery and Building Trades Award 2010 and
the Mobile Crane Hiring Award 2010 by a separately constituted Full Bench.2
[4] On 16 September 2020 we issued a Statement3 in relation to Schedule X in which we
expressed the provisional view that the operation of Schedule X in 71 modern awards should
be extended until 29 March 2021. A supplementary Statement was issued on 18 September
20204 extending the provisional view to a further 3 modern awards.
[5] The 16 September Statement confirmed that we did not intend to vary Schedule X in
the 9 Health Sector Awards. We also noted that Schedule X in the Live Performance Award
2010 expires on 30 June 2021 and so this award was not included in the list of awards to be
varied. A total of 74 awards were the subject of the provisional view, these are set out at
Attachment A to this decision.
1 [2020] FWCFB 1837
2 [2020] FWCFB 4126
3 [2020] FWCFB 4986
4 [2020] FWCFB 5028
[2020] FWCFB 5137
DECISION
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/2020fwcfb5028.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2020fwcfb4986.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2020fwcfb4126.htm
http://www.fwc.gov.au/decisionssigned/html/2020fwcfb1837.htm
[2020] FWCFB 5137
[6] Interested parties were invited to file submissions in response to the provisional views
by 4pm on Thursday 24 September 2020. Submissions were received from:
Association of Consulting Architects Australia in relation to the Architects Award
2020
Eagers Automotive in relation to the Vehicle Repair, Services and Retail Award
2020
National Retail Association in relation to the General Retail Industry Award 2010
Newsagents Association of NSW & ACT Limited in relation to the General Retail
Industry Award 2010
[7] Each of these submissions supported the provisional view. There have been no
submissions filed opposing our provisional view.
[8] In our Statement of 16 September 2020, we made it clear that in the event that no
submissions were filed opposing our provisional view, then we would vary each of the
relevant awards to extend the operation of Schedule X to 29 March 2020.
[9] As we mentioned in the 16 September Statement, the Coronavirus Economic Response
Package (Jobkeeper Payments) Amendment Act 2020 received Royal Assent on 3 September
2020. The amendment extends the operation of the JobKeeper scheme, with some
amendments, until 29 March 2021. On 4 September 2020, the Commission published a Fact
Sheet about the amendment.
[10] The JobKeeper scheme is part of a range of measures introduced by both State and
Federal Governments during the course of the COVID-19 pandemic. The Commission has
published an Information Note-Government responses to the COVID-19 pandemic which has
been updated regularly since it was first published on 25 March 2020. The most recent update
to the Information Note was on 18 September 2020.
[11] The observations made in the 8 April 2020 decision in respect of the basis for the
initial insertion of Schedule X into the relevant awards remain apposite. In particular, the
COVID-19 pandemic is still in progress and without the continued operation of Schedule X
there would be a ‘regulatory gap’ in the award safety net concerning employees who are
required to self-isolate. Continuing access to unpaid pandemic leave will enable more people
to remain in employment and will support the important public policy objective of
encouraging those who should self-isolate to do so, thereby limiting the spread of COVID-19
in workplaces and allowing businesses to continue to operate.
[12] The observations made in the 8 April 2020 decision regarding the s.134 considerations
and the necessity for the inclusion of Schedule X in these awards (in order to ensure that they
achieve the modern awards objective) remain cogent.
[13] For the reasons set out above we are satisfied that the variation of each of these awards
to extend the operation of Schedule X until 29 March 2021 is necessary to ensure that these
awards achieve the modern awards objective.
https://www.fwc.gov.au/documents/documents/resources/covid-19-information/information-note-government-responses-covid-19-2020-09-18.pdf
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am202093-sub-nana-alna-210920.pdf
https://www.fwc.gov.au/documents/awardmod/variations/2020/am202093-sub-nra-220920.pdf
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am202093-sub-ea-180920.pdf
https://www.fwc.gov.au/documents/awardmod/variations/2020/am202093-sub-acaa-240920.pdf
[2020] FWCFB 5137
[14] Variation determinations for each of the 74 awards at Attachment A will be issued
with this decision.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR723051
4
Attachment A
1. Air Pilots Award 2020 MA000046
2. Airline Operations-Ground Staff Award 2020 MA000048
3. Airport Employees Award 2020 MA000049
4. Alpine Resorts Award 2020 MA000092
5. Aluminium Industry Award 2020 MA000060
6. Amusement, Events and Recreation Award 2020 MA000080
7. Animal Care and Veterinary Services Award 2020 MA000118
8. Aquaculture Industry Award 2020 MA000114
9. Architects Award 2020 MA000079
10. Asphalt Industry Award 2020 MA000054
11. Banking, Finance and Insurance Award 2020 MA000019
12. Broadcasting, Recorded Entertainment and
Cinemas Award 2010
MA000091
13. Building and Construction General On-Site Award
2010
MA000020
14. Business Equipment Award 2020 MA000021
15. Car Parking Award 2020 MA000095
16. Cement, Lime and Quarrying Award 2020 MA000055
17. Cemetery Industry Award 2020 MA000070
18. Children's Services Award 2010 MA000120
19. Cleaning Services Award 2020 MA000022
20. Commercial Sales Award 2020 MA000083
21. Contract Call Centres Award 2020 MA000023
22. Corrections and Detention (Private Sector) Award
2020
MA000110
23. Cotton Ginning Award 2020 MA000024
24. Dry Cleaning and Laundry Industry Award 2020 MA000096
25. Educational Services (Post-Secondary Education)
Award 2020
MA000075
26. Fast Food Industry Award 2010 MA000003
27. Fitness Industry Award 2010 MA000094
28. Food, Beverage and Tobacco Manufacturing
Award 2010
MA000073
29. Funeral Industry Award 2010 MA000105
5
30. Gardening and Landscaping Services Award 2020 MA000101
31. General Retail Industry Award 2010 MA000004
32. Graphic Arts, Printing and Publishing Award 2010 MA000026
33. Hair and Beauty Industry Award 2010 MA000005
24. Higher Education Industry-General Staff-Award
2020
MA000007
35. Horse and Greyhound Training Award 2020 MA000008
36. Horticulture Award 2010 MA000028
37. Hospitality Industry (General) Award 2020 MA000009
38. Joinery and Building Trades Award 2010 MA000029
39. Journalists Published Media Award 2020 MA000067
40. Labour Market Assistance Industry Award 2020 MA000099
41. Legal Services Award 2020 MA000116
42. Local Government Industry Award 2020 MA000112
43.Manufacturing and Associated Industries and
Occupations Award 2020
MA000010
44. Meat Industry Award 2020 MA000059
45. Miscellaneous Award 2020 MA000104
46. Mobile Crane Hiring Award 2010 MA000032
47. Nursery Award 2020 MA000033
48. Pastoral Award 2010 MA000035
49. Pest Control Industry Award 2020 MA000097
50. Pharmaceutical Industry Award 2010 MA000069
51. Poultry Processing Award 2020 MA000074
52. Premixed Concrete Award 2020 MA000057
53.Professional Diving Industry (Recreational) Award
2020
MA000109
54.Professional Employees Award 2020 MA000065
55. Racing Clubs Events Award 2010 MA000013
56. Racing Industry Ground Maintenance Award 2020 MA000014
57. Rail Industry Award 2020 MA000015
58. Registered and Licensed Clubs Award 2010 MA000058
59. Restaurant Industry Award 2020 MA000119
60. Salt Industry Award 2010 MA000107
61. Seafood Processing Award 2020 MA000068
6
62. Security Services Industry Award 2020 MA000016
63. Silviculture Award 2020 MA000040
64. State Government Agencies Award 2020 MA000121
65. Storage Services and Wholesale Award 2020 MA000084
66. Sugar Industry Award 2020 MA000087
67. Surveying Award 2020 MA000066
68. Textile, Clothing, Footwear and Associated
Industries Award 2010
MA000017
69. Timber Industry Award 2010 MA000071
70. Vehicle Repair, Services and Retail Award 2020 MA000089
71. Waste Management Award 2020 MA000043
72. Water Industry Award 2020 MA000113
73. Wine Industry Award 2010 MA000090
74. Wool Storage, Sampling and Testing Award 2010 MA000044
