FWC changes to modern awards in response to COVID-19

The Fair Work Commission (FWC) has expressed the view that it will introduce two (2) weeks’ unpaid “pandemic leave” in all modern awards in response to the COVID-19 pandemic. The FWC is also proposing to allow employers and award-covered employees to agree to take up to twice as much annual leave, at half the rate of pay.

The FWC will make a decision without a hearing unless a submission opposing its view is received before 4pm on 6 April 2020.

The FWC’s statement is accessible via the following link: https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/2020fwcfb1760.pdf

The FWC has also recently made variations to the Clerks – Private Sector Award 2010 (Clerks Award), the Hospitality Industry (General) Award 2010 (Hospitality Award) and the Restaurant Industry Award 2010 (Restaurant Award) in response to the pandemic. It is possible that the amendments made to the Clerks Award, Hospitality Award and Restaurant Award may also sought in relation to other modern awards.

Clerks – Private Sector Award 2010

On 28 March 2020, the FWC amended the Clerks Award by inserting Schedule I, which operates from 28 March 2020 to 30 June 2020 (unless extended).

Schedule I aims to promote flexibility in relation to:

• Employees’ classifications and duties;
• Minimum engagement periods for part-time and casual employees;
• The ordinary span of hours if working from home by agreement;
• Full-time and part-time employees’ hours of work;
• The ability for employers to direct employees to take annual leave, including during a close down.

Schedule I can be found via the following link: https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am202010-summary-dec-280320.pdf

Hospitality Industry (General) Award 2010

On 24 March 2020, the FWC amended the Hospitality Award by inserting Schedule L, which operates from 24 March 2020 until 30 June 2020 (unless extended).

Schedule L aims to promote flexibility in relation to:

• Employees’ classifications and duties;
• Full-time and part-time employees’ hours of work; and
• The ability for employers to direct employees to take annual leave.

Schedule L, can be found via the following link: https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/pr717757.pdf

Restaurant Industry Award 2010

On 31 March 2020, the FWC amended the Restaurant Award by inserting Schedule I, which operates from 31 March 2020 until 30 June 2020 (unless extended).

Schedule I aims to promote flexibility in relation to:

• Employees’ classifications and duties;
• Full-time and part-time employees’ hours of work; and
• The ability for employers to direct employees to take annual leave.

Schedule I, can be found via the following link:
https://www.fwc.gov.au/documents/awardsandorders/html/pr717978.htm

Employers should review any changes to assist with implementing changes arising from the pandemic. EMA Legal is available to assist employers with these changes or with any other questions in respect of employment law.