See Fair Work Act 2009 ss.789GXA, 789GY, 789GZ and 789GZA
Part 6-4C contains a number of protections for employees.
An employer is prohibited from purporting to give a jobkeeper enabling direction if the direction is not authorised by Part 6-4C and the employer knows the direction is not authorised. This is a civil penalty provision.
Part 3-1 of the Fair Work Act prohibits an employer taking adverse action against an employee because of the employee’s workplace rights. Workplace rights under Part 6-4C include:
- an employee’s benefit arising because of their employer’s obligation to satisfy the wage condition in accordance with s.789GD
- an employee’s agreement or disagreement to perform duties on different days or at different times in accordance with s.789GG(2)
- an employee’s agreement or disagreement to take paid annual leave in accordance with a request under s.789GJ(1), or to take annual leave at half pay in accordance with s.789GJ(2), and
- an employee’s request in relation to secondary employment and training under s.789GU.
Part 6-4C operates subject to the following sections and parts of the Fair Work Act:
- Division 2 of Part 2-9, which deals with payment of wages
- Part 3-2, which deals with unfair dismissal
- Part 3-1 (general protections) and s.772 (employment not to be terminated on certain grounds).
Part 6-4C also operates subject to:
- Commonwealth, state or territory anti-discrimination law
- laws that deal with health and safety obligations of employers or employees
- workers’ compensation laws, and
- a person’s right to be represented, or collectively represented, by an employee organisation (a union) or an employer organisation.
Giving a jobkeeper enabling direction does not amount to a redundancy.