Fair Work Commission

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:

• the amount of jobkeeper payment payable to the employer for the employee for the fortnight, or
• the amounts payable to the employee in relation to the performance of work during the fortnight.

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:

• incentive-based payments and bonuses
• loadings
• monetary allowances
• overtime or penalty rates, and
• leave payments.

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.