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.

Ballarat Construction Company Fined $25,000 For Unsafe Scaffolding

A Ballarat construction company has been convicted and fined $25,000 for ignoring WorkSafe directions to fix unsafe scaffolding at a Mount Clear worksite.

The company was found guilty in the Ballarat Magistrates’ Court of two offences relating to a failure to provide a safe workplace and a failure to comply with a WorkSafe prohibition notice.

It was also ordered to pay $2897 in costs.

The court heard that WorkSafe issued the company with a prohibition notice in May 2016 after an inspector observed incomplete scaffolding, with missing planks and gaps in the handrails, at a site in the Ballarat suburb of Mount Clear. 

The notice required that the scaffolding not be used until the safety issues were addressed.

When a WorkSafe inspector returned to check that the notice has been complied with, he observed a person working from the same incomplete scaffolding.

The court heard that two subcontractors said they were directed by a company representative to work on the roof of the construction, and were not aware there was a prohibition notice in respect to the scaffolding.

WorkSafe Head of Operations and Emergency Management Adam Watson said the idea that a construction company would ignore a directive to fix a safety issue as critical as scaffolding was abhorrent.

“Falls are one of the most common causes of death and serious injury among construction workers. You don’t have to fall from a great height to be killed or suffer permanent injuries at a worksite,” Mr Watson said.

“Given the risks it’s quite disturbing to think that anyone would ignore a specific WorkSafe directive to make scaffolding safer.”

Employers should control the risk of injury through falls from height by ensuring:

• The installation of passive fall prevention measures such as railings and scaffolding.

• Workers perform their tasks within a safe area.

• Safety equipment is used to minimise the risk of injury if there is a fall.

• That workplace layout, access requirements, training and experience levels and on-site conditions are taken into account when the risk of falls is assessed.

For peace of mind, contact ISOsafe. Our specialists provide training, support and Safety Policies tailored for businesses Australia-wide.