The majority of the jobkeeper provisions of the Fair Work Act 2009 were repealed on 29 March 2021.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

Employee requests for secondary employment, training and professional development during a jobkeeper enabling stand down

 

See Fair Work Act s.789GU

Section 789GU of Part 6-4C was repealed on 29 March 2021.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 enabling stand down direction applies to an employee, the employee may ask their employer:

  • to engage in reasonable secondary employment
  • for training
  • for professional development.

The employer:

  • must consider the request, and
  • must not unreasonably refuse the request.

If the employer does not consider or unreasonably refuses the request, they contravene a civil remedy provision.

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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