Fair Work Commission

Introduction

The JobKeeper payment scheme is a temporary wage subsidy for businesses significantly affected by coronavirus (COVID-19).

Eligible employers, sole traders and other entities can apply to the Australian Taxation Office to receive $1,500 per eligible employee per fortnight to help them keep paying their employees.

The Australian Taxation Office provides information about who is eligible for JobKeeper payments.

Temporary JobKeeper provisions have also been added to the Fair Work Act 2009. These provisions apply once an employer is entitled to receive JobKeeper payments for an employee. Find out more about this in the JobKeeper directions & agreements section.

The JobKeeper changes to the Fair Work Act 2009 started on 9 April 2020 and ends on 28 September 2020. However, the Commission can still deal with JobKeeper disputes after 28 September 2020.

JobKeeper directions & agreements

Once an employer becomes entitled to receive JobKeeper payments for an eligible employee, the employer may temporarily change some of an employee’s job conditions to help the employer deal with the economic impact of COVID-19.

An employer can do this by giving a JobKeeper direction to the employee or by making an agreement with the employee.

An employer must pass on the full JobKeeper wage subsidy to the employee.

The changes allow employers who have qualified to receive JobKeeper payments for an eligible employee to:

• give the employee a temporary full or partial stand down (a JobKeeper enabling stand down)
• temporarily alter the employee’s usual duties and location of work
• request the employee agree to alter their days and times of work or to use annual leave (including at half pay)

An eligible employee that has been given a JobKeeper enabling stand down can also request to engage in secondary employment or training.

JobKeeper disputes

The temporary JobKeeper provisions in the Fair Work Act 2009 give the Fair Work Commission power to deal with disputes about how JobKeeper directions and agreements are implemented in the workplace.

The Commission can deal with disputes about JobKeeper directions and agreements from employers and employees, and employer and employee organisations.

The Commission cannot deal with disputes about eligibility for JobKeeper payments.

JobKeeper help

Different government agencies are responsible for different parts of the JobKeeper payment scheme.