DECISION

Fair Work Act 2009
s.157 – FWC may vary etc. modern awards if necessary to achieve modern awards objective

Application by the Shop, Distributive & Allied Employees’ Association
(AM2020/87)

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 24 JULY 2020

Section 157(3) of the Fair Work Act 2009 (Cth) – additional measures during COVID-19 pandemic – Schedule X-Additional measures during the COVID-19 pandemic.

[1] On 8 April 2020 a Full Bench issued a decision, 1 on its own initiative, varying 99 modern awards to insert a new schedule: 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, unless extended.

[2] A Statement 2 issued on 23 June 2020 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 by Friday 26 June 2020.

[3] On 1 July 2020 a decision 3 was issued granting an extension to the operation of Schedule X in 15 modern awards. The operation of Schedule X was extended until 31 July 2020 in the following awards (the Retail Awards):

• Fast Food Industry Award 2010

• General Retail Industry Award 2010

• Hair and Beauty Industry Award 2010 and

• Storage Services and Wholesale Award 2020.

[4] A decision on 2 July 2020 4 granted an extension to the operation of Schedule X in a further 63 awards.

[5] On 24 July 2020, the Shop, Distributive & Allied Employees’ Association (SDA) made an application to extend the operation of Schedule X in the Retail Awards until 30 September 2020. The National Retail Association Limited supports the application made by the SDA.

[6] The SDA submits that there is an ongoing need for Schedule X in each of the Retail Awards.

[7] It is our provisional view that the operation of Schedule X in the Retail Awards should be extended until 30 September 2020.

[8] Submissions opposing the application and our provisional view must be filed by 4pm Monday 27 July 2020. Submissions should be sent to amod@fwc.gov.au in word version and include the relevant matter number in the subject line.

[9] If no submissions are filed opposing the application and our provisional view in respect of it, we will grant the application and vary the awards accordingly.

[10] If any submissions are filed opposing the applications and our provisional views then a hearing will take place at 10am on Tuesday 28 July 2020, by telephone. Parties wishing to appear at the hearing are to provide the name, direct number and organisation by 4pm Monday 27 July 2020 to chambers.ross.j@fwc.gov.au.

[11] In the event that no submissions are filed opposing the application and our provisional view in respect of it then the hearing proposed for 10am on Tuesday 28 July 2020 will not be necessary and will be vacated.

PRESIDENT

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