The majority of the jobkeeper provisions of the Fair Work Act 2009 were repealed on 29 March 2021.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.
See Fair Work Act ss.789GJB, and 789GJC
Sections 789GJB and 789GJC of Part 6-4C were repealed on 29 March 2021.
A jobkeeper enabling direction cannot be given on or after 29 March 2021 and a jobkeeper enabling direction given before 29 March 2021 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.
Division 5A of Part 6-4C of the Fair Work Act authorises legacy employers that hold a 10% decline in turnover certificate to give a jobkeeper enabling direction to an employee about their duties of work or the location where their work is to be performed.
An employer that is not entitled to jobkeeper payments for an employee, but was entitled to a jobkeeper payment for that employee prior to 28 September 2020, and that holds a 10% decline in turnover certificate, can direct the employee to perform any duties during a period beginning on or after 28 September 2020 (the relevant period) that are within the employee’s skill and competency.
A direction about duties of work is authorised if:
If a direction in relation to duties of work applies to an employee, the employer must ensure that the employee’s hourly base rate of pay is not less than the greater of the following:
An employer that is not entitled to jobkeeper payments for an employee, but was entitled to a jobkeeper payment for that employee prior to 28 September 2020, and that holds a 10% decline in turnover certificate, can give the employee a direction to perform work during a period beginning on or after 28 September 2020 (the relevant period) at a different location to the employee’s normal place of work. This includes a direction that the employee must work from home.
A direction regarding the location of work is authorised if: