See Fair Work Act 2009 ss.789GXA, 789GXB, 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 remedy provision.
A legacy employer is prohibited from giving a jobkeeper enabling direction or making a request about changing an employees days or times of work if, at the time of giving the direction or making the request, the employer knew or was reckless as to whether it did not satisfy the 10% decline in turnover test. These are civil remedy provisions.
If a jobkeeper enabling direction given by a legacy employer or an agreement made under s.789GJD(2) is in force at a particular time, the Federal Court may terminate the direction or agreement if it is satisfied that the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time.
An employer must not knowingly give to an eligible financial institution information in connection with the issue of whether the employer passes the 10% decline in turnover test which is:
This is also a civil remedy 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:
Part 6-4C operates subject to the following sections and parts of the Fair Work Act:
Part 6-4C also operates subject to:
Giving a jobkeeper enabling direction does not amount to a redundancy.