Home / NEWS / COVID-19 related modern award changes

COVID-19 related modern award changes

15 April 2020

Prior to the Easter Break, the Fair Work Commission made temporary changes to 99 modern awards to enable greater leave flexibility. The list of 99 awards includes the Clerks – Private Sector and and Manufacturing and Associated Industries and Occupations Award.

However, the Commission has excluded the Electrical Award, along with other awards in the maritime and resources sectors.

These changes have come into effect and will most relevantly affect our members who have employees operating under the Clerks – Private Sector Award and Manufacturing and Associated Industries and Occupations Award.

Introducing a new form of unpaid pandemic leave

Schedule X introduced a new form of unpaid leave known as ‘pandemic leave’ to each of the 99 Modern Awards. Specifically, relevant award covered employees are now able to access up to two weeks unpaid pandemic leave, if they are unable to work because:

  1. they are required to self-isolate by Government or medical authorities or in accordance with the advice of a medical practitioner and
  2. of measures taken by the Government or medical authorities in response to the pandemic.

Unpaid pandemic leave is immediately available to full-time, part-time and casual employees and there is no need for employees to exhaust their paid entitlements before accessing the leave. Further, any period of unpaid pandemic leave will count towards an employee’s period of service under the relevant Award and the National Employment Standards.

In order to access the leave entitlement, employees need to ensure that they notify their employer:

  • as soon as possible that they are planning to take unpaid pandemic leave (can be after the leave has started)
  • the reason for taking the unpaid pandemic leave and
  • how long they expect to be on leave or away from work.

Employers can make a request for evidence demonstrating why the leave was taken.

The period of unpaid pandemic leave must start prior to 30 June 2020 but can finish after that date.

Annual leave at half pay

The new Schedule X also introduced some changes to the annual leave provisions. Specifically, the relevant award covered employees may agree with their employer to take annual leave at half pay for double the period. This effectively entitles eligible employees to double the amount of annual leave at half the rate of pay.

For instance, if an employee has one week of annual leave accrued, they can take two weeks of leave receiving the equivalent of one weeks’ pay.

This agreement needs to be detailed in writing and kept by employees and employers for their records.

Any period of annual leave under this provision needs to start before 30 June 2020 but can finish after that date.

If you have any questions about these changes please contact the Workplace Relations Team on 1300 889 198.