Fair Work Commission

Overview

See Fair Work Act s.789GJE

A direction under ss.789GJA, 789GJB or 789GJC ceases to have effect:

• on 28 October 2020, if the direction applies to the employee but on 28 Octboer 2020 the employer does not hold a 10% decline in turnover certificate for the quarter ending 30 September 2020, and
• on 28 February 2021, if the direction applies to the employee but on 28 February 2021 the employer does not hold a 10% decline in turnover certificate for the quarter ending 31 December 2020.^[1]

Prior to 28 October 2020 and 28 February 2021, the employer must give the employee a written notice that explains whether the jobkeeper enabling direction will continue or will cease to have effect on 28 October 2020 or 28 February 2021, as applicable. If the employer fails to give the written notice more than once, they may be liable to pay civil penalties.^[2] 

The Federal Court may terminate a direction under s.789GJA, 789GJB or 789GJC if it is satisfied that the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time.^[3]

A jobkeeper enabling direction cannot apply on or after 29 March 2021.

References