An overview of legal procedure & case law
See Fair Work Act 2009 s.789GDA
If a jobkeeper payment is payable to an employer for an employee for a fortnight, the employer must ensure that the total amount payable to the employee in respect of the fortnight is not less than the greater of:
Amounts payable to the employee in relation to the performance of work during the fortnight include the following, if they become payable in respect of the fortnight:
If the employer does not meet the minimum payment guarantee, they contravene a civil remedy provision.
The minimum payment guarantee does not apply to legacy employers.
A civil remedy provision is a provision of the Fair Work Act that if breached, means that the person affected can apply to a Court for an order for a financial penalty against the alleged wrong-doer, or any other order the Court considers appropriate such as an injunction.