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:
- false or misleading, or
- omits any matter or thing without which the information is false or misleading.
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:
- 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) or s.789GJD(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.