1
Fair Work Act 2009
s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective
Health Sector Awards—Pandemic Leave
(AM2020/13)
VICE PRESIDENT HATCHER
DEPUTY PRESIDENT CLANCY
DEPUTY PRESIDENT DEAN
COMMISSIONER SPENCER
COMMISSIONER LEE SYDNEY, 20 OCTOBER 2020
Applications to vary Health sector awards – Pandemic Leave – award specific COVID-19
schedules – schedules due to cease operation.
[1] This Statement deals with the COVID-19 related paid pandemic leave schedules that
have been inserted into the Aged Care Award 2010 (Aged Care Award), Nurses Award 2010
(Nurses Award) and the Health Professionals and Support Services Award 2020 (Health
Professionals Award) since July 2020.
[2] On 22 July and 24 July 2020, we issued statements1 proposing to vary the Aged Care
Award, Nurses Award and Health Professionals Award to include a new schedule: Schedule Y
– Industry Specific Measures During the COVID-19 Pandemic. Schedule Y provides an
entitlement to paid pandemic leave to employees working in the aged care industry covered
by the Aged Care Award, Nurses Award and the Health Professionals Award.
[3] On 27 July 2020, we issued a decision2 in which we determined to insert the proposed
Schedule Y into the Aged Care Award, Nurses Award and the Health Professionals Award.
Each of these awards were subsequently varied and the schedules took effect from 29 July
2020.3 This entitlement is due to cease operation on 29 October 2020.
[4] We have formed the provisional view that the operation of Schedule Y in each of three
awards should be extended until 29 March 2021, consistent with the position applying to
unpaid pandemic leave in a number of modern awards. This is not intended to limit the
capacity of any party to make an application to remove Schedule Y in any of the awards from
an earlier date. If such an application is made, it will be the subject of a full hearing before
this Full Bench.
1 [2020] FWCFB 3834 and [2020] FWCFB 3906
2 [2020] FWCFB 3940
3 PR721362, PR721363, PR721364
[2020] FWCFB 5578
STATEMENT
E AUSTRALIA FairWork Commission
[2020] FWCFB 5578
2
[5] We invite interested parties to file written submissions in response to the above
provisional view on or before 5.00pm on 26 October 2020.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR723681
OF THE FAIR WORK MISSION THE
