See Fair Work Act 2009 ss. 789GC, 789GDC, 789GE, 789GF, 789GJA, 789GJB, 789GJC and Division 6 of Part 6-4C
A jobkeeper enabling direction cannot be given on or after 29 March 2021 and a jobkeeper enabling direction given before 29 March 20201 does not apply on or after that date.
See Attachment 5 for information about the jobkeeper provisions that apply on and after 29 March 2021.
Under Part 6-4C, employers that qualify for the jobkeeper scheme and some legacy employers can give ‘jobkeeper enabling directions’.
Legacy employers are employers that were entitled to a jobkeeper payment for an employee prior to, but not on or after, 28 September 2020. Legacy employers that satisfy the 10% decline in turnover test and hold a 10% decline in turnover certificate can give modified jobkeeper enabling directions.
There are 3 types of jobkeeper enabling directions:
Jobkeeper enabling directions apply even if they are not consistent with:
Jobkeeper enabling directions must be in writing, must not be unreasonable, and are subject to notice and consultation requirements. The notice and consultation requirements are different for legacy employers.
Subject to any order made by the Fair Work Commission in dealing with a dispute about the operation of Part 6-4C, jobkeeper enabling directions operate until they are withdrawn, revoked or replaced. All jobkeeper enabling directions cease to have effect at the start of 28 September 2020.
Jobkeeper enabling directions under sections 789GDC, 789GE or 789GF cease to have effect if the employer ceases to be entitled to jobkeeper payments for the employee who has been given the direction. Jobkeeper enabling directions given by legacy employers under ss.789GJA, 789GJB or 789GJC:
All jobkeeper enabling directions cease to have effect on 29 March 2021.
The Minister for Industrial Relations has the power to exclude one or more specified employers from being able to give jobkeeper enabling directions, but this has not yet occurred.
See the checklists at Attachments 2 and 3 to identify whether a jobkeeper enabling direction is authorised and has effect.
Jokeeper enabling directions made prior to 28 September 2020 automatically continue in effect after 28 September 2020, provided they continue to be authorised by Part 6-4C.
If an employer ceases to qualify for the jobkeeper scheme on 28 September 2020, any jobkeeper enabling directions it gave before that date cease to have effect. The employer may be able to give new jobkeeper enabling directions as a legacy employer: see Jobkeeper enabling directions – employers previously entitled to jobkeeper payments.
 Fair Work Act s.789GX.