Fair Work Commission

A direction reducing an employee's ordinary hours of work is called a 'JobKeeper enabling stand down direction'.

An employer can direct an employee to:

• not work on a day or days that the employee would normally work
• work for a shorter time than the employee would normally work, or
• work fewer hours than the employee's ordinary hours of work.

To give a valid direction, the employer must meet these requirements:

• the employer must qualify for the JobKeeper scheme and receive JobKeeper payments for the employee that the JobKeeper direction applies to
• the employer cannot usefully employ the employee for their normal days or hours because of the COVID-19 pandemic or government initiatives to slow the transmission of COVID-19
• the direction must be safe having regard to the nature and spread of COVID-19
• the direction must be reasonable
• the employer must give the direction in writing
• the employer must consult with the employee at least 3 days before they give the direction, and make a written record of the consultation
• the employer must give the employee notice of their intention to give the direction in writing at least 3 days before they give the employee the direction.

Request for secondary employment

If an employee has been given a JobKeeper enabling stand down direction the employee may make a:  

• request to engage in reasonable secondary employment
• request for training
• request for personal development

The employer must consider the request and not unreasonably refuse it.

Find out more

Visit the JobKeeper benchbook for further information about JobKeeper enabling stand down directions.

An employer can direct an employee to perform any duties that are within the employee's skill and competency.

To give a valid direction:

• the duties must be reasonably within the scope of the employer’s business operations
• the direction must be reasonable
• the employee must have the appropriate licence or qualification to perform the duties (if necessary)
• the employer must have information that leads them to reasonably believe that the direction is necessary to keep employing one or more employees (but not necessarily the employee who was given the direction)
• the direction must be safe having regard to the nature and spread of COVID-19.

The employer must also meet these requirements:

• the employer must be entitled to receive JobKeeper payments for the eligible employee that the direction applies to
• the employer must give the direction in writing
• the employer must consult with the employee at least 3 days before they give the direction and make a written record of the consultation
• the employer must give the employee notice of their intention to give the direction in writing at least 3 days before they give the employee the direction.

Find out more

Visit the JobKeeper benchbook for further information about JobKeeper directions about duties of work.

An employer can direct an employee to perform duties at a place that is different from the employee’s normal place of work (including the employee’s home).

To give a valid direction:

• the place must be suitable for the employee’s duties
• if the place isn’t the employee’s home, the travel distance can’t be unreasonable in all the circumstances (including the circumstances around the COVID-19 pandemic)
• performing the duties at the place must be reasonably within the scope of the employer’s business operations
• the direction must be reasonable
• the employer must have information that leads them to reasonably believe that the direction is necessary to keep employing one or more employees (but not necessarily the employee who was given the direction)
• performing the duties at the place must be safe having regard to the nature and spread of COVID-19.

The employer must also meet these requirements:

• the employer must be entitled to receive JobKeeper payments for the eligible employee that the direction applies to
• the employer must give the direction in writing
• the employer must consult with the employee at least 3 days before they give the direction and make a written record of the consultation
• the employer must give the employee notice of their intention to give the direction in writing at least 3 days before they give the employee the direction.

Find out more

Visit the JobKeeper benchbook for further information about JobKeeper directions about location of work.

An employer can request an employee to agree to work on different days, or at different times, compared with the employee's ordinary days or times of work.

For an agreement to be authorised by the JobKeeper provisions:

• the employer must be entitled to receive JobKeeper payments for the eligible employee for the time that the agreement applies
• working on the days or at the times in the agreement must be safe having regard to the nature and spread of COVID-19
• working on the days or at the times in the agreement must be reasonably within the scope of the employer’s business operations
• the agreement must not reduce the employee’s number of hours of work (compared to their ordinary hours of work)
• the agreement must be in writing.

The employee must consider and must not unreasonably refuse the request.

Find out more

Visit the JobKeeper benchbook for further information in relation to JobKeeper agreements about changing days and times of work.