FWC may vary etc. modern awards if necessary to achieve modern awards objective Health Sector Awards—Pandemic Leave
Commissioner Lee
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Concept tags · 1
Cases cited in this decision · 3
Cited
[2020] FWCFB 3834
— FWC may vary etc. modern awards if necessary to achieve modern awards...
"…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...…"
Cited
[2020] FWCFB 3906
— FWC may vary etc. modern awards if necessary to achieve modern awards...
"…tended 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...…"
Cited
[2020] FWCFB 3940
— FWC may vary etc. modern awards if necessary to achieve modern awards...
"…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]...…"
Subsequent treatment · 1
Positive treatment· 1
Applied
[2020] FWCFB 5768
FWC — Full Bench
— FWC may vary etc. modern awards if necessary to achieve modern awards...
Workplace Express coverage · 1
A five-member FWC full bench has today given any objectors until Monday to respond to its "provisional view" that it should extend COVID-19 paid pandemic leave provisions in three major health awards for five months.
The entitlement, inserted into aged care, nursing and health professionals awards in late July, expires next week.
Vice President Adam Hatcher, deputy presidents Richard Clancy and Lyndall Dean and commissioners Paula Spencer and Tim Lee said in a statement that they had "formed the provisional view" that the paid pandemic leave provisions at Schedule Y of each of the awards should have their operation extended to March 29.
It noted that this aligned with the position for unpaid pandemic in a number of modern awards.
The bench continued that the provisional view "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".
Any such application would be dealt with at a "full hearing" before the five-member bench, it said.
The bench decided on July 27 to vary the three health awards to include the paid pandemic leave entitlement.
Health Sector Awards—Pandemic Leave [2020] FWCFB 5578 (20 October 2020)
Archived text (378 words)
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 [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>