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JobKeeper help

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Table of contents

On this page

  • Introduction
  • Who can apply for JobKeeper payments and how to apply
  • Pay and JobKeeper
  • Changes to hours of work and the JobKeeper scheme
  • Changes to duties or location of work and the JobKeeper scheme
  • Leave and the JobKeeper scheme

 

Introduction

The JobKeeper scheme is a temporary wage subsidy for businesses significantly affected by coronavirus (COVID-19). JobKeeper payments are administered by the Australian Taxation Office.

The Fair Work Act 2009 has been varied to include temporary JobKeeper provisions. The JobKeeper provisions of the Fair Work Act allow employers to change some of an employee’s job conditions to help employers deal with the economic impact of COVID‑19.

The new provisions can be used by:

  • employers who qualify for the JobKeeper scheme and are receiving JobKeeper payments for employees (qualifying employers)
  • employers who previously qualified for the JobKeeper scheme but no longer qualify, or choose not to participate, from 28 September 2020 (legacy employers)

The Fair Work Commission can deal with disputes between employers and employees about the temporary JobKeeper provisions of the Fair Work Act. Find out more about the JobKeeper disputes that we can deal with.

The JobKeeper scheme ends on 28 March 2021.

Who can apply for JobKeeper payments and how to apply

Eligible employers, sole traders and other specified entities can apply to the Australian Taxation Office to receive a fortnightly wage subsidy for their eligible employees to help them keep paying their employees.

Participating in the JobKeeper scheme is optional – businesses can choose whether to apply for JobKeeper payments.

The Fair Work Commission cannot deal with disputes about whether an employee is eligible for JobKeeper payments.

You can find information on the Australian Taxation Office website about:

  • which employers are eligible for the JobKeeper scheme
  • which employees can be nominated for the scheme
  • how to apply for JobKeeper payments.
Can a casual employee be eligible for JobKeeper?

To be eligible for the JobKeeper scheme, a casual employee must have been employed on a regular and systematic basis for at least 12 months as of 1 March 2020 or 1 July 2020. There are also other eligibility requirements that apply to all employees.

You can find out more about claiming JobKeeper payments for eligible long-term casual employees who work on a ‘regular and systematic’ basis on the Australian Taxation Office website.

There is no definition of ‘regular and systematic’ in the JobKeeper rules. What is regular and systematic depends on the circumstances of a particular person’s employment.

The Australian Taxation Office cannot force an employer to nominate a particular employee.

The Fair Work Commission cannot help with disputes about casual eligibility for JobKeeper payments.

Does an employer have to nominate all their eligible employees?

The Australian Taxation Office website provides that employers choosing to participate in the JobKeeper scheme should nominate all their eligible employees, and not only some. However, it isn’t compulsory for employers to take part in the JobKeeper scheme.

If an employee wants to be nominated for the JobKeeper scheme, they should talk to their employer about it.

The Fair Work Commission cannot deal with disputes about nomination for JobKeeper payments.

I would like to receive JobKeeper payments but I haven't been nominated

There is guidance for employers on the Australian Taxation Office website about who they can nominate for JobKeeper payments. It is up to employers to nominate eligible employees for the scheme. However, employers should nominate all their eligible employees, and not only some.

The Australian Taxation Office cannot force an employer to nominate a particular employee.

The Fair Work Commission cannot deal with disputes about whether an employee is eligible for JobKeeper payments.

If an employee is not nominated for JobKeeper payments, they might be eligible for other support payments such as JobSeeker payments.

Find out more about the JobSeeker payments on the Services Australia website.

Pay and JobKeeper

The Australian Taxation Office administers JobKeeper payments and there is information about JobKeeper payment rates on its website.

If an employer is claiming JobKeeper payments for an employee, then they must pay the employee an amount that is at least equal to the full wage subsidy (per fortnight before tax) to meet the wage condition under the JobKeeper provisions in the Fair Work Act.

The Fair Work Ombudsman can help with information about pay and the JobKeeper scheme for qualifying employers and legacy employers.

From 9 April 2020 to 27 September 2020, the JobKeeper wage subsidy was $1,500 per employee.

From 28 September 2020, the rate of the JobKeeper wage subsidy depends on the number of hours an eligible employee works.

JobKeeper fortnights Tier 1 rate Tier 2 rate
 

(eligible employees who worked 80 hours or more in the 4 weeks of pay periods before either 1 March 2020 or 1 July 2020)

(any other eligible employees)
28 September 2020 to 3 January 2020 $1,200 $750
4 January 2021 to 28 March 2021 $1,000 $650

 

Help getting JobKeeper pay right

Once an employer is entitled to receive JobKeeper payments for an employee, they must pay the employee each fortnight the higher of:

  • the JobKeeper payment amount that they are claiming for the employee, or
  • the employee’s usual pay for work performed (including any paid leave or public holiday pay).

There is detailed information on the Fair Work Ombudsman website about how pay interacts with the JobKeeper payments. The Fair Work Ombudsman can help employers make sure they get pay right and help employees work out if they are getting paid correctly under the JobKeeper scheme.

The Fair Work Commission has limited power to help with disputes about whether an employee meets the wage condition if an employee lodges a JobKeeper dispute. However, the Fair Work Commission does not have the power to make orders about JobKeeper payments.

What if an employee would normally earn more than the JobKeeper payment for the hours that they worked?

If an employee would earn more than the JobKeeper payment for the hours they actually worked, then the employer must pay them for the hours they actually worked (including any overtime and penalty rates that apply).

The Fair Work Ombudsman can help work out how much employees should be paid when their employers are claiming JobKeeper payments for them. You can phone them on 13 13 94 or visit the Fair Work Ombudsman's website.

Who can help if there is a disagreement about the appropriate payment tier?

An employer must decide which payment tier applies to an employee before claiming the JobKeeper wage subsidy for that employee. There is more information on the Australian Taxation Office website about payment tiers, including how to apply alternative tests if pre-March or pre-July reference periods are not appropriate.

If an employer and employee disagree about which payment tier applies to an employee, they should look at the guidance on the Australian Taxation Office website and consider whether an alternative reference period for determining the payment tier should apply.

The Fair Work Commission cannot deal with disputes about which payment tier applies to an employee.

Changes to hours of work and the JobKeeper scheme

Can an employer change an employee’s working hours on JobKeeper?

Under the temporary JobKeeper provisions of the Fair Work Act 2009, an employer can give a direction or request an agreement that changes an employee’s hours of work.

Find out more about JobKeeper directions and agreements for qualifying employers and legacy employers.

There is detailed information on the Fair Work Ombudsman website about these provisions for qualifying and legacy employers:

Qualifying employers

  • JobKeeper enabling stand down directions
  • Changing days or times of work under the JobKeeper scheme

Legacy employers

  • JobKeeper enabling directions and agreements for legacy employers

Can an employee be asked to work more hours?

Under the JobKeeper provisions of the Fair Work Act 2009, an employer and an employee can agree for an employee to work more hours.

If an employer asks an employee to work more hours or to change their usual days or times of work, the employee must consider the request and cannot unreasonably refuse the request.

Qualifying employers and their employees can find out more about JobKeeper agreements to work more hours on the Fair Work Ombudsman website.

Legacy employers and their employees can check what applies at JobKeeper enabling directions and agreements for legacy employers.

An employer or employee can lodge a dispute with the Fair Work Commission about a JobKeeper agreement to change an employee’s usual days or times of work.

Can an employee refuse to change their hours?

If an employer gives an employee a JobKeeper direction to reduce their hours (a JobKeeper stand down direction), the direction will not apply if it is unreasonable.

A direction might be unreasonable because of an employee’s caring responsibilities or if an employee is being treated unfairly compared to other employees.

If an employer requests that an employee agree to change their hours, the employee must consider and must not unreasonably refuse the request. What is reasonable depends on the circumstances of each case.

An employer or employee can lodge a dispute with the Fair Work Commission about JobKeeper directions or agreements about changes to an employee’s hours.

Qualifying employers and their employees can learn more about these directions on the Fair Work Ombudsman website. There is also information on agreements to change to an employee’s days and times of work.

Legacy employers and their employees can find the rules that apply at JobKeeper enabling directions and agreements for legacy employers on the Fair Work Ombudsman website.

There is also detailed information in the JobKeeper disputes benchbook.

Changes to duties or location of work and the JobKeeper scheme

Can an employer ask an employee to perform different duties of work?

Under the temporary JobKeeper provisions of the Fair Work Act 2009, an employer can give a direction to change an employee’s usual duties.

Find out more about directions to perform different duties for qualifying employers and legacy employers.

There is detailed information on the Fair Work Ombudsman website about these provisions for qualifying and legacy employers.

Qualifying employers

  • Changing duties or work location under the JobKeeper scheme

Legacy employers

  • JobKeeper enabling directions and agreements for legacy employers

Can an employer ask an employee to work at a different location?

Under the temporary JobKeeper provisions of the Fair Work Act 2009, an employer can give a direction to change an employee’s usual location of work (including to work from home).

Find out more about directions to work at a different location for qualifying employers and legacy employers.

There is detailed information on the Fair Work Ombudsman website about these provisions for qualifying and legacy employers:

Qualifying employers

  • Changing duties or work location under the JobKeeper scheme

Legacy employers

  • JobKeeper enabling directions and agreements for legacy employers

Leave and the JobKeeper scheme

Can an employer make an agreement with an employee to use annual leave under the JobKeeper scheme?

After 28 September 2020, employers cannot make JobKeeper agreements with employees to take annual leave. JobKeeper agreements to take annual leave made before 28 September 2020 also cease to have effect after that date.

The Fair Work Ombudsman can give you advice about leave entitlements under national workplace laws.

The Fair Work Commission can deal with disputes about annual leave under the dispute resolution clause of an enterprise agreement or modern award.

How does leave accrue while on JobKeeper?

If a JobKeeper enabling stand down direction has been given to an employee, the employee accrues annual leave as if the direction had not been given.

You can find out more about the rules for leave under JobKeeper for qualifying employers and employees, and legacy employers and employees, on the Fair Work Ombudsman website.

Updated time

Last updated

29 October 2020

 

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