Fair Work Commission

The Fair Work Commission can only deal with jobkeeper disputes that fall within its powers, also known as its ‘jurisdiction’.

If a respondent believes that the Commission does not have jurisdiction to deal with the application, or that the applicant is not eligible to make the application, then the respondent can make a jurisdictional objection.

For example, the respondent could make a jurisdictional objection if:

• the applicant is not a person or organisation that can make an application (eg they are not a national system employer), or
• the dispute is not about the operation of Part 6-4C of the Fair Work Act 2009 (such as a dispute about whether an employer qualifies for the jobkeeper scheme).

By making a jurisdictional objection, the respondent is saying that the Commission does not have the power to deal with the dispute. Making a jurisdictional objection will NOT stop the jobkeeper dispute application. Jurisdictional objections must be determined by the Commission. This is done by a member holding a conference or hearing and making a formal decision. A respondent may be required to provide evidence and/or submissions on its objections.