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On 8 April 2020, the Fair Work Commission made the decision to insert a new schedule, Schedule X, into 99 modern awards.
Schedule X provides employees with an entitlement to unpaid pandemic leave and the flexibility to take double the amount of annual leave at half pay.
This COVID-19 update provides employers with an overview of the key points of Schedule X.
Click here to view the 99 Awards that now contain Schedule X (see Affected Awards)
The Awards relevant to Construction, Maritime and Mining resource sectors were excluded because:
Jack and his employer have agreed in writing (by email) that Jack will take 6 week’s annual leave at half pay in May 2020. Three (3) weeks of annual leave will be deducted from Jack’s annual leave accrual balance. Jack’s employer keeps a record of the email on Jack’s employment file.
Jack’s employer agrees to pay Jack, 3 week’s full pay plus 17.5% annual leave loading as Jack is entitled to annual leave loading under the terms and conditions of his employment and the relevant award.
Jack and his employer have also agreed that Jack receive an annual leave payment each fortnightly pay period rather than in one lump sum payment. Jack’s employer pays Jack, 1 week’s full pay plus 17.5% leave loading each fortnightly pay period during the 6-week period that Jack is on annual leave at half pay.
Source – Fair Work Commission - Summary of Decision AM2020-12 – s157 FWC own motion – 8 April 2020
Fair Work Ombudsman website – Coronavirus and Australia workplace laws
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