[2021] FWC 1148
The attached document replaces the document previously issued with the above code on 3
March 2021.
The award name at the top of the list in paragraph [8] has been amended from Aboriginal
Community Controlled Health Services Award 2020 to Aboriginal and Torres Strait Islander
Health Workers and Practitioners and Aboriginal Community Controlled Health Services
Award 2020.
Modern Awards, Economics and Research Section
On behalf of the Associate to President Ross
Dated3 March 2021
1
Fair Work Act 2009
s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective
COVID-19 pandemic—Schedules
(AM2020/93; AM2020/13)
JUSTICE ROSS, PRESIDENT MELBOURNE, 3 MARCH 2021
Schedule X—Additional measures during the COVID-19 pandemic – Schedule Y—Industry
Specific Measures During the COVID-19 Pandemic – schedules due to cease operation.
Background
[1] This Statement deals with the COVID-19 related pandemic schedules that have been
inserted into the majority of awards since April 2020 and are due to expire on 29 March 2021.
Schedule X—Additional measures during the COVID-19 pandemic
[2] In a decision issued on 8 April 20201 (the April 2020 Decision), a Full Bench of the
Commission, acting on its own initiative, varied 99 modern awards 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. Schedule X was to operate until 30 June 2020.
[3] A statement issued on 23 June 20202 indicated that the Commission did not propose to
vary Schedule X to extend its operation past 30 June 2020 on its own motion. Parties wishing
to extend the operation of the schedule were invited to make an application. A number of
applications were filed to extend the operation of Schedule X in various awards.
[4] In a decision3 issued on 1 July 2020 the Full Bench expressed a provisional view that
the operative date of Schedule X in each of these awards be extended to 30 September 2020.
The Full Bench confirmed its provisional view in a decision issued on 2 July 2020.4
[5] In August 2020, Schedule X was inserted into a further three modern awards by a
separately constituted Full Bench.5
1 [2020] FWCFB 1837.
2 [2020] FWCFB 3281.
3 [2020] FWCFB 3444.
4 [2020] FWCFB 3490.
5 [2020] FWCFB 4126.
[2021] FWC 1148
STATEMEMT
E AUSTRALIA FairWork Commission
[2021] FWC 1148
2
[6] On 16 September 2020 the Full Bench issued a statement6 in which it expressed a
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 2020 extending
the provisional view to a further 3 modern awards.7
[7] On 24 September 2020 the Full Bench issued a decision8 extending the operation of
Schedule X in 74 modern awards until 29 March 2021. Variation determinations for the 74
awards were issued together with the decision.
Schedules X and Y in the Health Sector Awards
[8] The following awards (collectively “Health Sector Awards”) were included in the 99
awards varied as a result of the April 2020 Decision:
Aboriginal and Torres Strait Islander Health Workers and Practitioners and
Aboriginal Community Controlled Health Services Award 2020;
Aged Care Aware 2010 (Aged Care Award);
Ambulance and Patience Transport Industry Award 2020;
Health Professionals and Support Services Award 2020 (Health Professionals
Award);
Medical Practitioners Award 2020;
Nurses Award 2010 (Nurses Award);
Pharmacy Industry Award 2020;
Social, Community, Home Care and Disability Services Industry Award 2010; and
Supported Employment Services Award 2020.
[9] Applications by various unions to insert an entitlement to paid pandemic leave in the
Health Sector Awards, and the responsibility for any extension of the operative period of the
Schedule X in the Health Sector Awards, were referred to another Full Bench (AM2020/13)
for determination.
[10] The operation of Schedule X in each of these awards was extended until “further or
other order of the Commission in matter number AM2020/13”. In October 2020, Schedule X
in the Health Sector Awards was varied to allow for periods of unpaid pandemic leave or
annual leave at half pay to commence before 29 March 2021.
6 [2020] FWCFB 4986.
7 [2020] FWCFB 5028; [2020] FWCFB 4986.
8 [2020] FWCFB 5137.
https://www.fwc.gov.au/awards-and-agreements/awards/award-modernisation/variation-applications/AM2020/13?type=variation
[2021] FWC 1148
3
[11] The Health Sector Awards Full Bench also inserted an entitlement to paid pandemic
leave into the Aged Care Award, the Nurses Award and the Health Professionals Award
awards (Schedule Y).9 Schedule Y is also due to cease operation on 29 March 2021. 10
Next steps
[12] As set out above, Schedule X is due to cease operation in 74 modern awards on 29
March 2021. Schedule Y is also due to cease operation on 29 March 2021. Any party who
wishes to extend the operation of the schedules in a particular award should make an
application by 4pm on Monday 22 March 2021. Applications should be sent
to amod@fwc.gov.au.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR727460
9 [2020] FWCFB 3940.
10 [2020] FWCFB 5768.
mailto:amod@fwc.gov.au
