MODERN AWARDS EXTENSIVELY VARIED

COVID-19 AND FOUR YEARLY REVIEW OF MODERN AWARDS – MODERN AWARDS EXTENSIVELY VARIED

Over the past weeks, the Fair Work Commission (‘FWC’) has issued several decisions varying multiple Awards, this circular outlines these significant changes.

Educational Services (Schools) General Staff Award 2010 – COVID-19

On 24 April 2020 the ‘FWC’ issued determinations for variations to the Educational Services (Schools) General Staff Award 2010 to assist employers and employees in managing and lessening the effect of the COVID-19 pandemic.

What are the changes?

• Inserting Schedule J to include provisions enabling an employer to make a direction to reduce ordinary hours by up to 25% and to direct an employee to perform any duties that are within their skill and competency.

When did the changes come into effect?

The determination came into effect from the start of the first full pay period on or after (ffppooa) 24 April 2020 and will operate until 1 August 2020.

Pest Control Industry Award 2010 – substantive issues

On 27 April 2020 the FWC issued a determination for a variation to the Pest Control Industry Award 2010 to make clear that employees receiving a leading hand allowance also receive this allowance during periods of annual leave.

What are the changes?

• Deleting the word “industry” appearing in clause 24.7(b) and inserting “leading hand”.

When did the changes come into effect?

The determination came into effect from the start of the ffppooa 27 April 2020.

Sugar Industry Award 2020 – substantive issues

On 28 April 2020 the FWC issued a determination for a variation to the Sugar Industry Award 2010 to address an issue concerning how hourly rates are set out. The issue relates to a particular averaging system which is used in the sugar industry for the purpose of the application of a 38 hour week.

What are the changes?

• Inserting a note under the table appearing at clause 40.1 regarding hourly rates and 38 hour week.

When did the changes come into effect?

The determination came into effect from the start of the ffppooa 29 April 2020. 

Modern awards extensively varied – Tranche 2 final determinations  

Further to our circular sent out on 15 April 2020, the FWC completed the review of further Tranche 2 modern awards in line with decisions issued on 14 October 2019, 24 December 2019 and 14 February 2020. Determinations for individual modern awards were issued on 14 February 2020 and corrections to these determinations were issued on 30 April 2020 in accordance with a statement issued by the FWC on 7 April 2020.

Consequently, the following modern awards listed below were extensively varied and the final determinations of these modern awards come into effect from the start of the ffppooa 4 May 2020 (with the exception of the Vehicle Manufacturing, Repair, Services and Retail Award 2010 coming into effect from the start of the ffppooa 29 May 2020). These modern awards now have the year 2020 in their title.

• Airline Operations-Ground Staff Award
• Air Pilots Award (see determinations PR716763 and PR716913 for further information)
• Alpine Resorts Award
• Architects Award (see determination for further information)
• Asphalt Industry Award
• Cleaning Services Award
• Commercial Sales Award
• Concrete Products Award
• Dry Cleaning and Laundry Industry Award
• Fire Fighting Industry Award (see determination for further information)
• Gas Industry Award (see determination for further information)
• Higher Education Industry-General Staff-Award
• Labour Market Assistance Industry Award
• Meat Industry Award
• Poultry Processing Award
• Road Transport and Distribution Award
• Road Transport (Long Distance Operations) Award
• Storage Services and Wholesale Award
• Transport (Cash in Transit) Award
• Vehicle Manufacturing, Repair, Services and Retail Award (see determination for further information)
• Waste Management Award

Please note the above additional determinations issued by the FWC to address substantive issues relating to these specific awards. Furthermore, the Fire Fighting Industry Award forms part of the Tranche 1 modern awards.

The changes mentioned in this circular are reflected in the copies of the modern awards that are available to be downloaded on our website. To view the full list of modern awards, click here.