Important changes to 103 modern awards and legislation in response to COVID-19 pandemic

What are the temporary changes?

Earlier this week the Fair Work Commission made changes to 103 Modern Awards to provide an estimated 4 million plus employees with access to unpaid pandemic leave and provide them with the ability to take annual leave at half pay.

Further, the NSW Government recently passed legislation to amend the Long Service Leave Act 1955 (NSW), and on 30 March 2020, the Prime Minister announced a $130 billion wage subsidy scheme.

Employers should ensure that they are familiar with these important changes which we detail below.

The changes include two weeks unpaid pandemic leave, noting that this unpaid pandemic leave can be undertaken in conjunction with the Job Keeper allowance. Employees taking unpaid pandemic leave cannot be forced to use up annual leave.

The second change is to be able to take annual leave at half pay by mutual agreement. For example, if an employee takes two weeks of annual leave, they would receive the same pay they are entitled to for one week’s annual leave, and only one week of annual leave would be debited from the employee’s annual leave balance.

If employees take annual leave at half pay, the employer must record the agreement in writing and keep a copy of the agreement as an employee record.

Employer Frequently Asked Questions

What are the 103 Modern Awards that have been varied at the initiative of the Fair Work Commission?

The modern awards include:

• Banking, Finance and Insurance Award 2020

• Children’s Services Award 2010

• Clerks - Private Sector Award 2010

• General Retail Industry Award 2010

• Graphic Arts, Printing and Publishing Award 2010

• Manufacturing and Associated Industries and Occupations Award 2010

• Miscellaneous Award 2010

• Social, Community, Home Care and Disability Services Industry Award 2010

To find out whether these changes affect your business call ISOsafe on 1300 789 132.

When do the changes apply?

The changes are in effect now and at this stage, will be until 30 June 2020. The Fair Work Commission may extend this time period, however at this point in time, the new Schedule X will cease after 30 June 2020.

The new Schedule X in the 103 Modern Awards apply from the employees first full pay period on or after 8 April 2020 until 30 June 2020.

Who can access unpaid pandemic leave?

All full-time, part-time and casual employees can access this leave. Employees do not have to accrue it.

Can an employee take more than two weeks pandemic leave?

By agreement with the employer, employees may access more than two weeks unpaid pandemic leave.

Who can take annual leave at half pay?

Employees who have annual leave accrued (full-time and part-time only) will be eligible to take annual leave at half pay.

Are the changes all the same?

The 103 Modern Awards that have been varied to include the new Schedule X – Additional Measures During the COVID-19 Pandemic all include the same provisions.

Need more help?

ISOsafe are helping employers and businesses to manage their staff through the COVID-19 pandemic by providing advice and guidance on a range of matters from redundancies to cross skilling workers to ensure the best possible outcome for employers and their staff. Call us today on 1300 789 132.

New Zealand construction firm fined after worker injured in 2.9m fall

The construction company was fined $34,000 and ordered to pay reparations of $16,000 after pleading guilty to one charge under sections 6 and 50 (1) (a) of the Health and Safety in Employment Act 1992.
On 22 October 2015, the worker was installing a flooring system on the second storey of a house in Timaru in the southern Canterbury region of New Zealand. The system is a composite steel flooring system made of lightweight, pre-formed steel sheets.
While drilling timber fascia boards to a steel beam, the steel sheets, which the worker was using as a work platform, moved and the worker fell 2.9m onto the concrete floor. He was knocked unconscious, sustained fractures, and suffers fatigue and headaches as a result of his head injury.
A WorkSafe investigation revealed the company had failed to complete adequate planning and hazard assessment in relation to the work, which would have included assessing whether the sheets made a safe work platform and making sure that the sheets were installed in line with the manufacturer’s instructions.
The worker was unfamiliar with the installation process and had received no training on how to do so. No one had checked that the worker installed the sheets correctly.
WorkSafe’s Construction Programme Manager Marcus Nalter said “working from height is a well-known risk in the construction industry and it must be managed appropriately at all times.”
Nalter added, “The company should have ensured that the fitting of the flooring system was being done correctly and appropriate controls were in place to prevent a fall from height, such as providing a safe working platform.”
“People working in high risk industries such as construction should be able to trust that the employer has their workers’ safety at the front of their mind. In this instance, The company’s inattention to safety has resulted in injury and ongoing health impacts for the worker,” said Mr Nalter.
The importance of training and hazard management while working at height has been reinforced here. Don’t risk non-compliance contact ISOsafe today on 1300 789 132 

RM Williams convicted and penalised after safety breach

A South Australian Industrial Court has prosecuted RM Williams following an incident, in 2015, which left a worker with serious burns and permanent injuries.
The court convicted the manufacturer of leather boots, accessories and clothing, and imposed a penalty of $90 000 plus court costs in recognition of an early guilty plea.
On 29 June 2015, a worker was operating a heated logo stamping machine for the first time in the absence of an interlocked guard, which subsequently crushed some of her fingers and left her with third degree burns.
Following investigation by the South Australian safety regulator, SafeWork, RM Williams Pty Ltd was charged with failing to comply with a health and safety duty and exposing an employee to the risk of serious injury.
Presiding Magistrate Ardlie noted, “It is a matter for grave concern that the worker being a ‘new’ worker on the plant was being instructed in a practice which was positively dangerous and sought to defeat the machines safety measures.”
“This conviction highlights the importance of guarding moving parts on machinery which pose a serious risk to the health and safety of workers,” said SafeWork SA Executive Director, Ms Marie Boland.
Industrial plant can cause serious harm to workers. This conviction reinforces the importance of managing the risks through the development of clear procedures and the provision of training and supervision. Don’t risk non-compliance, contact ISOsafe today on 1300 789 132 to find out how we can assist you in providing a safe and legally compliant workplace.

Victorian courts order local businesses to pay record $6.2 million in penalties over health and safety breaches in 2015-16

WorkSafe Victoria have revealed that over the 2015-16 financial year, 108 businesses and 21 individuals were fined totalling more than $6.2 million.

Of the 108 businesses, almost 40 were from construction sector. The worst offenders included:
A piling, foundations and ground engineering company which was convicted and fined $750,000 over the death of a worker who fell more than 40 metres when the mast of a piling rig collapsed at Southbank in 2011.
A mining services provider, which was convicted and fined a total of $600,000 following two incidents involving an overloaded barge working on the Patterson River. One of the incidents involved the barge capsizing, throwing three workers into the water and trapping one in the excavator in the water, seriously injuring him.
A residential builder, which was convicted and fined $300,000 over an incident in which a carpenter died after being crushed by a brick wall on a construction site at Brighton East in 2014.
A sign company, which was convicted and fined $250,000 over its involvement in the attachment of a timber hoarding to a wall which increased the risk of the wall collapsing at Carlton. The wall collapsed and killed three people in 2013.

A significant number of businesses in the manufacturing sector were also prosecuted. They included:
A conveyer belt manufacturer, which was fined $90,000 over an incident in 2014 in which an employee suffered serious arm injuries when he became caught in machinery beneath a moving conveyer belt.
A caravan manufacturer, which was convicted and fined $80,000 over an incident in 2014 in which an employee had two fingers severed while using an unguarded router.
A Chicken processer, which was convicted and fined $60,000 over an incident in 2014 where an employee suffered serious hand and arm injuries when she became caught in a giblet processor.

WorkSafe Chief Executive, Clare Amies, said the record amount of fines imposed by the courts in 2015-16 was a reminder to businesses and individuals of the significant penalties they faced if they did not comply with their health and safety obligations.

“WorkSafe is committed to improving workplace health and safety and, if it is found that employers have failed to provide a safe working environment for their workers, they can expect to face large fines and significant damage to their reputation,” Ms Amies said.

Don’t risk noncompliance. ISOsafe’s services will protect your business. We will prepare all safety documentation to demonstrate compliance. Call us now 1300 789 132 or email us at enquiries@isosafe.com.au, to learn more about our services for businesses and their owners.

Sydney car auction company fined more than $250,000 after death of forklift operator

A Sydney car auction company has been fined more than a quarter of a million dollars after a forklift operator was killed while unloading a truck at Milperra, NSW in 2013.
A 36 year old forklift operator and a 19 year old labourer were moving a cabinet from a truck onto a forklift at the company’s motor vehicle storage and auction site, when they both lost control of the load. The incident resulted in the death of the forklift operator and the labourer was left with fractured ribs and an injured knee.
SafeWork NSW charged the company with a breach of the Work Health and Safety Act 2011 for failing to ensure the health and safety of workers.
The company were found guilty by the District Court in June this year and fined $255,000.
Executive Director of SafeWork NSW, Peter Dunphy said the incident highlighted the risks of working with forklifts and need to provide effective supervision and support to young workers.
“Forklifts continue to be a major factor in workplace deaths and injuries,” Mr Dunphy said.
“Between July 2012 and July 2014, 1,360 workers were injured in forklift incidents, including five fatalities.
“The social and economic impact is also significant, including a cost of $15.8 million to the NSW workers compensation scheme.
“Young workers make up approximately 12 per cent of all employment injuries and occupational diseases across the State, and are more vulnerable to workplace safety risks because of their inexperience or reluctance to speak up about safety concerns.
“Our investigation found that a lack of safety systems, instruction and supervision were major contributors to this incident.
“The company failed to train and instruct the workers how to safely remove the cabinet from the truck and did not tell them which forklift could safely carry the cabinet."
“This resulted in the workers selecting the wrong sized forklift with tragic results.”
“This incident highlights the need for employers to have appropriate systems in place to ensure that all workers, particularly young workers, receive sufficient training and support to work safely.”
Failure to manage health and safety can result in serious incidents. So, as well as putting staff wellbeing at risk, businesses can be left exposed to substantial financial penalties, criminal and civil prosecution and loss of reputation.
Don’t risk noncompliance. ISOsafe’s services will protect your business. We will prepare safe systems of work, safety instructions and all other documentation you require. Call us now 1300 789 132 or email us at enquiries@isosafe.com.au, to learn more about our services for businesses and their owners.