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The majority of the jobkeeper provisions of the Fair Work Act 2009 were repealed on 29 March 2021.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.
See Fair Work Act 2009 ss.595 and 789GV
The Fair Work Commission may deal with a dispute about the operation of Part 6-4C of the Fair Work Act by:
Before 29 March 2021, the Commission may make any of the following orders in dealing with a dispute under Part 6-4C:
Although the Commission can continue to deal with disputes about the operation of Part 6-4C after 29 March 2021,[1] the Commission must not make an order giving effect to a jobkeeper direction or substituting a different jobkeeper direction on or after 29 March 2021 (and any order giving effect to a jobkeeper direction ceases to have effect at the start of 29 March 2021).[2]