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The majority of the jobkeeper provisions of the Fair Work Act 2009 were repealed on 29 March 2021.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.
When a person lodges a Form F13A – Application for the Fair Work Commission to deal with a jobkeeper dispute (coronavirus economic response), the Commission will serve a copy on the Respondent named in the application. The Commission usually does this by emailing the application to the email address listed in the Form F13A.
The matter will then be allocated to a Commission Member to deal with. The Commission Member will make directions about how the Respondent must respond to the application.