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.

Looking for a custom Coronavirus Business Continuity, Pandemic Plan or Infectious Disease Plan for your Business?

For Businesses and Employers it is vital to have appropriate business continuity or Infectious Disease Plan arrangements in place, to ensure continuation of the services that you provide during any pandemic.

ISOsafe can help you prepare a custom plan that will help with customer confidence.

Key Elements of an Effective Business Continuity Plan:

• Use of “plain English”.

• Ownership and full support from senior management, business units and IT.

• Agreement on critical functions and operations to immediately be restored.

• Communication of the plan to all levels of the organisation.

• Regular testing and maintenance to ensure feasibility and relevance.

We can prepare a simple tailored Covid-19 Policy, Plans, Business Pandemic Plans, right through to complete Business Continuity Management Systems (BCMS) for corporates with many staff, multiple business units and locations.

Is your business prepared to deal with the spread of Coronavirus disease (COVID-19)?

Contact Us today – 1300 789 132

Note to Cleaning Companies: We can prepare SWMS or SOPs for Foggers/Sprayers/CAFs, and other general Work Instructions for COVID-19 Cleaning Works, including decontamination.

Coronavirus disease (COVID-19) and the Workplace

Work Health and Safety (WHS) Responsibilities of Businesses and Employers

With the Australian Government activating it’s Response Plan for the novel coronavirus (COVID-19) outbreak, Businesses and Employers need to be aware of their responsibilities under the Work Health and Safety Act 2011.

Businesses and Employers are required to ensure, so far as is reasonably practicable, the health and safety of workers and others at their workplaces. Businesses and Employers must identify hazards at the workplace and associated risks and act on them, by implementing reasonably practicable control measures to eliminate or minimise those risks.

Managing Risks

Exposure to COVID-19 may present a health and safety risk to workers and other persons at a workplace.

Identifying and controlling risks to workers, and other persons connected to the workplace, arising from exposure to COVID-19 may involve:

·       Closely monitoring official advice, such as updates from the Commonwealth Department of Health

·       Reviewing your organisation’s policies and measures for infection control, including educating workers on best practice

·       Advising workers to self-isolate for 14 days if they have travelled to certain overseas destinations or been in close contact with anyone confirmed to have the coronavirus. The Australian Government currently considers mainland China, South Korea, Iran and Italy to be at higher risk for COVID-19.

Workers also have a duty to take reasonable care for their own and others’ health and safety. This includes ensuring good hygiene practices, such as frequent hand washing, to protect against infections.

Workers’ Compensation

A virus (like COVID-19) is likely to be considered under the disease provisions of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act). For a disease to be covered it must be contributed to, to a significant degree, by the employee’s employment (section 5B).

For coverage to exist, a determining authority would need to be satisfied that the employment significantly contributed to the employee contracting the virus. For viruses, it can be difficult to accurately determine the exact time and place of contraction. As a result, it may be difficult to determine that employment significantly contributed to the virus.

However, where an employee’s employment puts them at greater risk of contracting the virus the significant contribution test may be easier to meet. For example, if the employment involves:

·       travel to an area with a known viral outbreak

·       activities that include engagement or interaction with people who have contracted the virus

·       activities that contravene Department of Health recommendations.

Each claim would need to be considered on its individual merits, having regard to the individual circumstances and evidence in relation to the claim.

Coverage while travelling overseas for work

The significant contribution test applies to both employees working overseas and those working within Australia. Each case will be assessed on its own facts.

Note: For locally engaged overseas employees (employees engaged overseas to perform duties overseas) different legislative considerations will apply.

ISOsafe’s commitment to clients during Coronavirus

With COVID-19 continuing to impact people and countries around the world, workplaces everywhere are moving to remote work.

At ISOsafe we’re encouraging our team to work from home as much as possible as are many others. And we expect this trend to continue across Australia.

Our top priority is the health and safety of employees, clients, partners, and communities.

ISOsafe have developed a Coronavirus (COVID-19) Action Plan which has been communicated to all stakeholders.

Do you need advice on how to manage COVID-19 in your workplace? Contact Us today on 1300 789 132

 We can prepare custom documents for your business, including:

·       Coronavirus Disease Policy

·       Infectious Disease Plan

·       Business Continuity Plan

·       Pandemic Plan

·       SWMS and Risk Assessment for Decontamination Tasks

·       Site Specific Decontamination Methodology

·       Clearance Criteria Development

·       Clearance Certification

·       COVID-19 Plan

·       COVID-19 Policy

Hiperos - Free Initial Advice – Get Help Here

Hiperos is an online risk, performance management and compliance validation system for contractors of Global 2000 companies such as Aetna, Alcoa, AON, AstraZeneca, AXA, Bank of Montreal, CA Technologies, Charles Schwab, Kraft Foods, Mondelez, Microsoft, News Corporation, PNC Bank, Rockwell Automation, Sun Life Financial, State Street, TD Bank, and United Technologies.

Call ISOsafe Now 1300 789 132

Successfully completing the Hiperos compliance process can take up many valuable hours - meaning less time on the tools and more time wasted on compliance. 

We provide Hiperos assessment support to businesses and contractors in every state and territory Australia wide. 

There are dozens of questions in the Hiperos Compliance Questionnaire
Submitting requested forms, and the requirement of having to create and submit industry-specific safety programs. We answer ALL the questions, build the manuals, and prepare the training documents to improve safety in your business.

We offer a full maintenance program
Our annual programs ensure you never have to worry about falling out of compliance due to new requirements. 
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Our expert compliance staff with over 20 years’ experience has been getting and keeping companies like yours Hiperos compliant.

So, why work so hard at something we are the best at? Let us guide your business through the compliance process - step by step - so you can get back to what you do best!

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Disclaimer: Information provided here will only be used by ISOsafe Pty Ltd (ISOsafe) for advice and/or a quote. By providing personal information, you give explicit consent for all information to be used in this way unless you inform ISOsafe otherwise. Any information provided on this website is only for general advice purposes. When calling ISOsafe, you may be offered a meeting to discuss ISOsafe’s paid services. There is no obligation to accept this meeting or in any way engage ISOsafe. ISOsafe has no affiliation with Hiperos, LLC (Hiperos), Opus Hiperos.

What HR Policies are needed by all Small Businesses?

Australia’s Workplace Relations system is complex and knowing your rights and responsibilities as an employer can be challenging.

Getting the right advice and maintaining up-to-date policies can help demonstrate compliance with federal, state, and local laws.

Below are some must-have policies:

Discrimination, Sexual Harassment & Bullying Policy;
Drug and Alcohol Policy;
Work Health & Safety (WHS) Policy;
Information & Technology Policy;
Uniform/Dress Code Policy;
Code of Conduct;
Leave Policy;
Grievance Policy; and
Performance Management Policy.

Ignorance or misinterpretation are not valid excuses in the eyes of Regulators such as Fair Work. ISOsafe can ensure your business is compliant, your processes are sound, and your supervisors/managers have the knowledge, support and confidence required to manage your employees. Call Us on 1300 789 132.