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The Fair Work Commission has proposed to vary 103 awards to include special temporary measures regarding the coronavirus. These measures, if approved, will be in place until 30 June 2020 and provide for entitlement to unpaid ‘pandemic leave’ and changes to annual leave.
Unpaid pandemic leave
This will allow an employee to take up to two (2) weeks of unpaid leave it they are required by the government, medical authorities or acting on medical advice to self-isolate or are otherwise prevented from working because of government measures. The employee will be required to give their employer notice as soon as practicable and supply evidence that would satisfy a reasonable person that the leave is taken for a legitimate reason.
The Commission proposes that this will be available immediately to employees and will be available to full-time, part-time and causal employees. Further it is proposed that employees will not have to exhaust their paid leave entitlements before accessing unpaid pandemic leave.
Annual leave
This will allow an employee, on agreement with their employer, to elect to take twice as much annual leave on half pay provided that the agreement is in writing and retained on record. This means for example, that if you have 2 weeks annual leave entitlement you could elect to take those two (2) weeks annual leave but have it paid over four (4) weeks.
Proposed affected awards
The awards that the Commission is proposing to amend are as follows:-
- Aboriginal Community Controlled Health Services Award 2010
- Aged Care Award 2010
- Air Pilots Award 2010
- Aircraft Cabin Crew Award 2010
- Airline Operations-Ground Staff Award 2010
- Airport Employees Award 2010
- Alpine Resorts Award 2010
- Aluminium Industry Award 2020
- Ambulance and Patient Transport Industry Award 2020
- Amusement, Events and Recreation Award 2010
- Animal Care and Veterinary Services Award 2020
- Aquaculture Industry Award 2020
- Architects Award 2010
- Asphalt Industry Award 2010
- Banking, Finance and Insurance Award 2020
- Book Industry Award 2020
- Broadcasting, Recorded Entertainment and Cinemas Award 2010
- Business Equipment Award 2010
- Car Parking Award 2020
- Cement, Lime and Quarrying Award 2010
- Cemetery Industry Award 2020
- Children’s Services Award 2010
- Cleaning Services Award 2010
- Clerks – Private Sector Award 2010
- Commercial Sales Award 2010
- Concrete Products Award 2010
- Contract Call Centres Award 2010
- Corrections and Detention (Private Sector) Award 2020
- Cotton Ginning Award 2020
- Dry Cleaning and Laundry Industry Award 2010
- Educational Services (Post-Secondary Education) Award 2010
- Educational Services (Schools) General Staff Award 2010
- Educational Services (Teachers) Award 2010
- Electrical, Electronic and Communications Contracting Award 2010
- Electrical Power Industry Award 2020
- Fast Food Industry Award 2010
- Fire Fighting Industry Award 2010
- Fitness Industry Award 2010
- Food, Beverage and Tobacco Manufacturing Award 2010
- Funeral Industry Award 2010
- Gardening and Landscaping Services Award 2020
- General Retail Industry Award 2010
- Graphic Arts, Printing and Publishing Award 2010
- Hair and Beauty Industry Award 2010
- Health Professionals and Support Services Award 2010
- Higher Education Industry-Academic Staff-Award 2010
- Higher Education Industry-General Staff-Award 2010
- Horse and Greyhound Training Award 2010
- Horticulture Award 2010
- Hospitality Industry (General) Award 2010
- Journalists Published Media Award 2010
- Labour Market Assistance Industry Award 2010
- Legal Services Award 2020
- Live Performance Award 2010
- Local Government Industry Award 2010
- Mannequins and Models Award 2010
- Manufacturing and Associated Industries and Occupations Award 2010
- Marine Tourism and Charter Vessels Award 2010
- Market and Social Research Award 2020
- Meat Industry Award 2010
- Medical Practitioners Award 2020
- Miscellaneous Award 2010
- Nursery Award 2020
- Nurses Award 2010
- Passenger Vehicle Transportation Award 2010
- Pastoral Award 2010
- Pest Control Industry Award 2010
- Pharmaceutical Industry Award 2010
- Pharmacy Industry Award 2010
- Plumbing and Fire Sprinklers Award 2010
- Poultry Processing Award 2010
- Premixed Concrete Award 2020
- Professional Diving Industry (Recreational) Award 2010
- Professional Employees Award 2010
- Racing Clubs Events Award 2010
- Racing Industry Ground Maintenance Award 2020
- Rail Industry Award 2010
- Real Estate Industry Award 2020
- Registered and Licensed Clubs Award 2010
- Restaurant Industry Award 2010
- Road Transport (Long Distance Operations) Award 2010
- Road Transport and Distribution Award 2010
- Salt Industry Award 2010
- Seafood Processing Award 2020
- Security Services Industry Award 2010
- Silviculture Award 2020
- Social, Community, Home Care and Disability Services Industry Award 2010
- Sporting Organisations Award 2020
- State Government Agencies Award 2020
- Storage Services and Wholesale Award 2010
- Sugar Industry Award 2010
- Supported Employment Services Award 2010
- Surveying Award 2020
- Telecommunications Services Award 2010
- Textile, Clothing, Footwear and Associated Industries Award 2010
- Timber Industry Award 2010
- Transport (Cash in Transit) Award 2010
- Travelling Shows Award 2020
- Vehicle Manufacturing, Repair, Services and Retail Award 2010
- Waste Management Award 2010
- Water Industry Award 2020
- Wine Industry Award 2010
- Wool Storage, Sampling and Testing Award 2010
The Commission is currently taking submissions regarding this proposal and will make a decision whether to enact it next week.
About the author
Caitlin Roberts
Director
LLB (Hons), BBus(Accy), GradDip LP
Caitlin Roberts commenced with Macrossan & Amiet Solicitors in 2013.
Caitlin became a director of Macrossan & Amiet Solicitors in July 2019 and holds the honour of being the firm’s first female director.
She grew up in Emu Park and Yeppoon before moving to Brisbane to complete her Bachelor of Laws and Bachelor of Business (Accounting) degrees at the Queensland University of Technology.
In addition to being a director of Macrossan & Amiet, Caitlin is a committee member of the Community Accommodation Support Association, a not-for-profit organisation that deals with housing and homelessness in the Mackay region. Caitlin is also a trustee of the Macrossan & Amiet Charitable Foundation.
Caitlin shares a young son and daughter with her husband Keith and enjoys the lifestyle Mackay has to offer. Outside the office you will find her spending time with family and friends.
About Macrossan & Amiet Solicitors
For over 100 years, Macrossan & Amiet Solicitors has been a leading local law firm in Mackay, with offices in Proserpine and Cannonvale servicing the Whitsundays region. Our experienced solicitors provide professional legal services to individuals, families and businesses across regional Queensland.
Whether you need representation in court, assistance buying or selling property, or advice on protecting your assets, our Mackay lawyers are committed to achieving the best possible outcome for you.
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