Mark’s Q & A

The ANF is continuing to assist members with as many services as possible during the COVID-19 crisis. We know many of you have concerns about how the disease has changed your work environment. This edition of Q&A addresses some of the most common queries we have been receiving.

As always, the information in this section is a general guide and answers can vary depending on factors such as your contractual conditions. For information specific to your circumstances, contact the ANF Helpline or email us your questions.

If your employer is not doing something correctly, the ANF wants to know, so I can raise this with the employer directly and, if need be, politicians and the media.

Q: A:

All employers have a duty to provide, as far as is practicable, a safe working environment. Employers who fail to do this breach Occupational Safety and Health laws which can expose them to penalties including fines and prosecution.

In the context of COVID-19, this includes gloves, medical masks, safety goggles, gowns, respirators (N95 of FFP2 standard) and fluid resistant aprons.

If you believe your employer is failing to provide a safe system of work or is directing you to do something unsafe, and you have raised the issue through occupational safety and health processes without resolution, you are entitled to refuse to work – though you should seek ANF advice first.

Q: A:

No. This is not a lawful and reasonable direction. You are entitled to refuse this direction. Please contact the ANF if your employer has told you not to wear a mask.

The ANF has had discussions with the State Government and most major employers in relation to this issue, and they have been told that staff should not be directed not to wear a mask.

Q: What can I do if I have an underlying medical

Your first step should be to approach your manager, preferably with a medical certificate or letter from your doctor, to explain the situation and request alternative working arrangements. If your request is refused, then A:

you can consider using available forms of leave (e.g. annual leave, long service leave, etc.) to cover any absence. The ANF has spoken to the major public and private employers and they have said where possible, they will accommodate such requests. If you are not satisfied with the answer you receive, please let the ANF know and we will follow this up.

Q: A:

All WA public health system employees, including casual employees, are entitled to up to 20 days of COVID-19 Leave. You can use it:

If you have been diagnosed with COVID-19 and have no personal leave left.

If you are not sick, but are required to self-isolate because of an Australian Government requirement. This includes exposure to a confirmed case of COVID-19. If you have no remaining personal leave and are caring for someone who has COVID-19 or is in self-isolation. If you have no personal leave left and your child’s school has closed or other care arrangements are unavailable because of COVID-19.

Q: A:

Yes. The Nurses Award and the Aged Care Award have been temporarily varied to provide the following: Two weeks of unpaid pandemic leave. The ability to take twice as much annual leave at half your normal pay if your employer agrees. The pandemic leave is available if you are prevented from working because of:

A direction to self-isolate from government, medical authorities or a medical practitioner. Measures introduced by government or medical authorities responding to the pandemic such as an enforceable government direction restricting non-essential businesses. The ANF have applied to the Fair Work Commission to have Pandemic Leave as paid leave. This matter will be determined in coming weeks. For the time being, the above types of leave will be available from April 8 until June 30, 2020.

Q: A:

Your employment contract may state you are prohibited from accepting other employment without prior approval from your current employer. Such a provision is fairly common and is legal. However, if you are a part-time employee, or a full-time employee that has been stood down, and your current employer prohibits you from accepting any other work during this pandemic, we think this is unreasonable. There are several ways to challenge such a directive. Please contact the ANF to discuss your options. If you are already working two part time jobs, neither employer can make you give up either of the jobs.

Q: A:

The Fair Work Act states your employer may stand you down during a period in which you cannot usefully be employed because of a stoppage of work for which the employer cannot reasonably be held responsible. But this does not mean that your employer can stand you down simply because their business is struggling due to COVID-19 or because they voluntarily choose to temporarily cease operations. However, if your employer’s business is no longer allowed to operate due to a Government directive, then they would be able to argue there has been a stoppage of work which permits them to stand you down. But the ANF believes employers are only able to this in very limited circumstances. Based on what we have seen during the COVID-19 pandemic, some employers have been abusing the stand down provisions of the Fair Work Act. So please contact us to get advice in relation to this issue.

Q: A:

Casual employees who have worked for their current employer for less than 12 months are not eligible to receive the JobKeeper payment. This payment is also not available to casual employees who work for private hospitals or in the public health system. The ANF has been, and is right now, working with public and private employers to address what we see as an inequitable situation.

Q: A:

If you have lost your job you will most likely be eligible to claim the JobSeeker Payment. The easiest way to do this is to log on to my.gov.au, which is the myGov website. You can then use your myGov account to make a Centrelink claim. If you do not have a myGov account, then you will first need to set one up, which can also be done at this website.

You can also contact Centrelink for assistance by phone on 132 850. However, Centrelink has advised that this number currently still has long wait times, and as a result, are encouraging people to use their myGov account.