On 20 and 21 December 2021, the Fair Work Commission (Commission) issued decisions to extend the operation of the unpaid pandemic leave provision of Schedule X—Additional measures during the COVID-19 pandemic in 73 awards until 30 June 2022. The provision to take twice as much annual leave at half pay of Schedule X is due to expire on 31 December 2021 in the 73 awards. In the Mobile Crane Hiring Award 2020, Schedule X had expired on 29 March 2021, however the unpaid pandemic leave provision of Schedule X was reinstated separately.

The Commission notes that this further extension is a necessary step given the evolving status of the COVID-19 pandemic and the remaining ‘regulatory gap’ impacting employees who must self-isolate because they have been exposed to someone infected with COVID-19 but have not tested positive to COVID-19, consequently preventing them from working and not able to access paid sick leave. This will support the vital public policy objective of encouraging those who are required to self-isolate to do so, thus helping businesses to remain open and limit the transmission of COVID-19 in workplaces. This is particularly important whilst various COVID-19-related restrictions are lifting, resulting in a significant increase in the number of COVID-19 infections, and thus the demand for COVID-19 testing increasing.

List of modern awards impacted

1. Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020
2. Aged Care Award 2010
3. Airline Operations-Ground Staff Award 2020
4. Airport Employees Award 2020
5. Alpine Resorts Award 2020
6. Aluminium Industry Award 2020
7. Ambulance and Patient Transport Industry Award 2020
8. Amusement, Events and Recreation Award 2020
9. Animal Care and Veterinary Services Award 2020
10. Aquaculture Industry Award 2020
11. Architects Award 2020
12. Asphalt Industry Award 2020
13. Banking, Finance and Insurance Award 2020
14. Building and Construction General On-Site Award 2020
15. Business Equipment Award 2020
16. Car Parking Award 2020
17. Cement, Lime and Quarrying Award 2020
18. Cemetery Industry Award 2020
19. Children's Services Award 2010
20. Cleaning Services Award 2020
21. Contract Call Centres Award 2020
22. Corrections and Detention (Private Sector) Award 2020
23. Cotton Ginning Award 2020
24. Dry Cleaning and Laundry Industry Award 2020
25. Fast Food Industry Award 2010
26. Fitness Industry Award 2020
27. Food, Beverage and Tobacco Manufacturing Award 2020
28. Funeral Industry Award 2020
29. Gardening and Landscaping Services Award 2020
30. General Retail Industry Award 2020
31. Graphic Arts, Printing and Publishing Award 2020
32. Hair and Beauty Industry Award 2010
33. Health Professional and Support Services Award 2020
34. Horse and Greyhound Training Award 2020
35. Horticulture Award 2020
36. Hospitality Industry (General) Award 2020
37. Joinery and Building Trades Award 2020
38. Labour Market Assistance Industry Award 2020
39. Legal Services Award 2020
40. Local Government Industry Award 2020
41. Manufacturing and Associated Industries and Occupations Award 2020
42. Meat Industry Award 2020
43. Medical Practitioners Award 2020
44. Mobile Crane Hiring Award 2020
45. Nursery Award 2020
46. Nurses Award 2020
47. Pastoral Award 2020
48. Pest Control Industry Award 2020
49. Pharmaceutical Industry Award 2020
50. Pharmacy Industry Award 2020
51. Plumbing and Fire Sprinklers Award 2020
52. Poultry Processing Award 2020
53. Premixed Concrete Award 2020
54. Professional Diving Industry (Recreational) Award 2020
55. Professional Employees Award 2020
56. Racing Clubs Events Award 2020
57. Racing Industry Ground Maintenance Award 2020
58. Registered and Licensed Clubs Award 2020
59. Restaurant Industry Award 2020
60. Salt Industry Award 2020
61. Seafood Processing Award 2020
62. Security Services Industry Award 2020
63. Silviculture Award 2020
64. Social, Community, Home Care and Disability Services Industry Award 2010
65. State Government Agencies Award 2020
66. Storage Services and Wholesale Award 2020
67. Sugar Industry Award 2020
68. Supported Employment Services Award 2020
69. Textile, Clothing, Footwear and Associated Industries Award 2020
70. Timber Industry Award 2020
71. Waste Management Award 2020
72. Water Industry Award 2020
73. Wine Industry Award 2020
74. Wool Storage, Sampling and Testing Award 2020

When will the changes come into effect?

The change will come into effect on 1 January 2022.

To view the decisions in full click here and here.

To view the determinations in full click here.

Further information

To view the varied awards from the operative date above, click here.