Modern Award 4 Yearly Review

The 4 year review of the Modern Award system (“Review”) carried out in accordance with the Fair Work Act 2009 (Cth) is nearing completion. This Review has been completed across three stages. On 27 April 2020, a hearing took place at the Fair Work Commission (the "Commission"). The outcome of this hearing included a number of changes to various awards. Notable changes include whether casual loading is payable on overtime, payments included in annual leave loading, public holiday loading calculations and general drafting errors. The next steps for these awards were broken into 5 categories:

To ensure you receive timely updates to changes in awards which effect your business the Victorian Chamber has an award subscription service. Access the award subscription page now to ensure you don’t miss any changes.

COVID-19 April amendments

COVID-19 has caused many employers to experience significant reduction in income and productivity, as well as a heightened sense of insecurity and anxiety amongst employees.

On 8 April 2020, in response to the pandemic, the Fair Work Commission (the “Commission”) inserted a temporary COVID-19 schedule X – Additional Measures During the Covid-19 Pandemic into 99 awards. This schedule provides for the following entitlements:

• Unpaid Pandemic Leave: An employee is entitled to up to 2 weeks’ unpaid leave if on medical advice the employee needs to self-isolate or is otherwise prevented from working due to government/medical authority measures during the COVID-19 pandemic; and
• Annual leave at half pay: By agreement between the employer and employee an employee has the ability to take twice as much annual leave at half pay.

The Commission also updated the Education Services (Schools) General Staff Award 2010 to include Schedule J. This new schedule includes provisions regarding: directing employees to reduce their hours; operational flexibility; and dispute resolution. This schedule will remain in operation until 1 August 2020 but can be extended by applying to the Commission.

The Victorian Chamber will continue to review and monitor changes as they are made and notify members via our award subscription service. To access the award subscription page you are required to log in to your Victorian Chamber account. If this is your first visit to our website you will be required to select ‘request a new password’ (via the login tab located in the top right hand corner of the home page) and follow the prompts. If you are unsure of the award applying to your business, please contact the Workplace Relations Advice Line on 8662 5222.