Minimum payment guarantee

The majority of the jobkeeper provisions of the Fair Work Act 2009 were repealed on 29 March 2021.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.

Minimum payment guarantee

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See Fair Work Act 2009 s.789GDA

Section 789GDA of Part 6-4C was repealed on 29 March 2021.

See Attachment 5 for information about the jobkeeper provisions that apply on and after 29 March 2021.

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.

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.

Updated time

Last updated

29 March 2021

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