Temporary JobKeeper provisions have been added to the Fair Work Act 2009. An employer who qualifies for the JobKeeper scheme and is receiving JobKeeper payments for an employee can temporarily change some of the employee's job conditions by:
The JobKeeper changes to the Fair Work Act started on 9 April 2020. On 3 September 2020, the provisions about JobKeeper directions and agreements about days and times of work for employers currently entitled to JobKeeper payments were extended. They will end on 29 March 2021.
The JobKeeper provisions about agreements to take annual leave ended on 28 September 2020.
Find out more about who can make JobKeeper directions and agreements in our Jobkeeper disputes benchbook.
Employers who are receiving JobKeeper payments for an employee must meet the wage condition. This means that they must pass on the full JobKeeper wage subsidy to the employees that they are claiming it for. If an employer doesn’t do this, then they are not meeting the wage condition.
Employers who are receiving JobKeeper payments for an employee must also meet the minimum payment guarantee. This means that if an employee earns more than the JobKeeper payment during a fortnight for the work they perform (including any payments for leave or public holidays), their employer needs to pay them the higher amount for that fortnight. The employer can’t pay just the JobKeeper wage subsidy.
An employer must meet the wage condition and the minimum payment guarantee to give a JobKeeper direction or request an agreement under the JobKeeper provisions.
JobKeeper directions and agreements made before 28 September 2020 continue to apply if the employer continues to qualify for the JobKeeper scheme and receive JobKeeper payments for the employee.
If an employer is not entitled to receive JobKeeper payments for the employee on or after 28 September 2020, any JobKeeper directions or agreements made with the employee stop applying.
The employer may be able to give new JobKeeper directions or make an agreement to change an employee’s days or times of work as a legacy employer. Find out more about JobKeeper directions & agreements – employers previously entitled to JobKeeper payments.
All JobKeeper enabling directions and agreements stop applying at the start of 29 March 2020.