An overview of legal procedure & case law
The majority of the jobkeeper provisions of the Fair Work Act 2009 were repealed on 29 March 2021. The Fair Work Commission has limited power to deal with jobkeeper disputes on or after this date.
Attachment 5 sets out the jobkeeper provisions of the Fair Work Act that continue to apply on and after 29 March 2021.
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:
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.