JOBKEEPER UPDATE WWW.PROFESSIONALSAUSTRALIA.ORG.AU/ - Professionals Australia
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JOBKEEPER UPDATE WWW.PROFESSIONALSAUSTRALIA.ORG.AU/
Our FAQs and Factsheets provide information and general advice which
is current at the time of publication. With government initiatives and
legislation changing quite rapidly, we will continue to service our
members by updating our information as soon as possible. We
encourage you to visit our Member Portal for these updates or contact
our WAS team for specific advice on 1300 273 762 or at
was@professionalsaustralia.org.au
JOBKEEPER UPDATE
The JobKeeper Scheme started in April 2020, and temporary
changes were made to the Fair Work Act 2009 to provide
income support to employees along with the ability of
employers to stand down employees and other measures to
provide some stability to businesses as a result of the
immediate downturn caused by COVID-19 social distancing and
other restrictions.
The scheme was due to end on 28 September 2020, however it
has been extended with some amendments until 28 March
2021. These changes mostly relate to business eligibility and the
payment rate.
The previous $1500 JobKeeper payment has been reduced as of
28 September 2020 and a new two-tier system has been
enacted. The payment rate is scheduled for a further reduction
on 4 January 2021.
28 September 2020 to 3 January 2021
$1,200 per fortnight for employees who, in the four weeks
of pay periods before 1 March 2020 or 1 July 2020, were
working for 80 hours or more over this four week period (on
average) and
$750 per fortnight for other employees
4 January 2021 to 28 March 2021
$1,000 per fortnight for employees who, in the four weeks
of pay periods before 1 March 2020 or 1 July 2020, were
working for 80 hours or more over this four week period (on
average); and
$650 per fortnight for other employeesBusinesses are required to nominate which payment rate will be claimed for each eligible employee. Where an employee was employed for both periods, the employer must select the reference period which would entitle the eligible employee to the higher rate. Click here to find out more information about the JobKeeper Payments. JobKeeper directions and agreements made before 28 September 2020 continue to apply if the employer continues to be entitled to receive JobKeeper payments for an employee. Please refer to our previous JobKeeper factsheet here for more information on directions or agreements made prior to 28 September 2020. If an employer is no longer entitled to receive JobKeeper on or after 28 September 2020, any JobKeeper directions or agreements made cease to apply. The employer may however be able to give new JobKeeper directions or make agreements to change days or times of work as a ‘legacy employer.’ EMPLOYER ELIGIBILITY Business already in receipt of a JobKeeper allowance are required to reassess their eligibility for the JobKeeper extension from 28 September 2020 to 3 January 2021. This requires reference to their actual turnover in the September quarter of 2020. Businesses are similarly required to reassess their eligibility in January 2021 in reference to the December 2020 quarter to remain eligible for the payments from 3 January to 28 March 2021. Click here to access JobKeeper Extension fact sheets created by the Federal Government which provide further information about which employers and employees qualify for the payment.
LEGACY EMPLOYERS REQUIREMENTS FOR LEGACY EMPLOYERS
Only Legacy Employers can use the new 1. Legacy Employers can only make directions or
provisions of the Fair Work Act. A legacy requests described in this fact sheet to
employer can give modified JobKeeper employees that were entitled to a JobKeeper
directions or enter into JobKeeper agreements. payment for a fortnight prior to 28 September
2020. This excludes employees that
An employer is a legacy employer if: commenced employment after 28 September
2020.
1. It was entitled to one or more JobKeeper
payment for an eligible employee before 2. Directions or agreements must be safe
28 September 2020 and reasonable in all the circumstances,
especially in regard to the spread of
2. It is no longer eligible for JobKeeper COVID-19.
payments
3. Employers are required to provide
3. It holds a Certificate stating its notice and consultation. An employer
experiencing at least a 10% decline in must now give written notice of
turnover for the designated quarter (in intention to give a direction 7 days
comparison to the same quarter the year before the direction unless genuinely
before). agreed otherwise.
The 10% decline in turnover certificate must be 4. The employer must consult with the
provided by an eligible financial service employee or their representative. This
provider, such as a qualified accountant, a means that the employer should provide
registered tax agent or a BAS agent. Such relevant information about the proposed
certificate cannot be issued by a director or direction, such as:
employee of the employer (or an associated - What is it?
entity). - When will it take effect?
- What effect will it have on employee(s)?
A Small Business has the option to provide a
statutory declaration instead of a 10% decline The employer must allow you to express your views
in turnover certificate. Among other things, a about the impact of the proposed direction. For
small business is defined as one that employs example, will the direction have any effect on your
fewer than 15 employees. family or caring responsibilities?
Please note that an employer’s eligibility to If so, let your employer know! The employer must
make the modified JobKeeper directions and give genuine consideration to your views and
agreements as a Legacy Employer is feedback 7-day period.
dependent on holding a Certificate and not by
meeting the test regarding turnover. Your employer must keep a written record of the
consultation. Make sure you keep a written record
in case you need to rely on it if a dispute arises.LEGACY EMPLOYER DIRECTIONS AND REQUESTS/AGREEMENTS
A Legacy Employer can make the below modified JobKeeper Directions in relation to stand down,
location and duties. A Legacy Employer can also request changes to an employee’s days or times of
work. This is called a JobKeeper Agreement if the employee agrees.
JOBKEEPER DIRECTIONS
Stand down Duties of Work
If you can’t be usefully employed for your You may be directed to perform different duties, if
normal days or hours during the stand down it’s reasonably necessary to enable your employer
period because of changes to business to continue the employment of one or more
attributable to the COVID-19 pandemic or employees.
government initiatives to slow the
transmission of COVID-19, you may be You can’t be directed to perform duties that:
directed to:
You don’t have the skills or competency for
Not work on a day(s) you normally would You don’t have the relevant licences for (if
Work for a lesser period on particular applicable)
day(s) Aren’t reasonably in the scope of the
Work a reduced number of hours in employer’s business
comparison to your employees ordinary
working hours Your employer can’t:
Your employer cannot however: Reduce your hourly base rate to an amount
less than your base rate without the direction
Reduce your hours below 60% of their or the base rate of pay applicable to their
ordinary hours at 1 March 2020 duties under the direction
Require you to work less than 2 hours in a
day Location of Work
Reduce your hourly base rate under the
direction You may be directed to work from another
location, including your home, if the direction is
reasonably necessary to enable your employer to
continue the employment of one or more
employees.
The proposed place of work must:
1. Be suitable for the duties to be performed
2. Not require you to undertake unreasonable
travel
3. Be reasonable within the scope of your
employer’s business operationsJOBKEEPER AGREEMENT
DURATION
JobKeeper directions or agreements with Legacy
Days/times of work Employers will end on:
You may be requested to work on different 28 October 2020 if the employer does not hold
days or at different times. If you agree, the a 10% decline in turnover certificate for the
Agreement must meet the following quarter ending on 30 September 2020; or
requirements:
28 February 2020 if the employer does not hold
The agreement must be reasonably a 10% decline in turnover certificate for the
within the scope of your employer’s quarter ending 31 December 2020.
business operations
Your hours or work cannot be reduced in The employer can however notify an employee in
comparison to your ordinary hours writing prior to these dates that the direction or
You cannot be required to work less agreement will stop applying and when it will stop
than 2 hours a day. applying.
You must consider the request and cannot All JobKeeper directions and agreements stop
unreasonably refuse it. applying on 29 March 2021.
SEEK ADVICE
JOBKEEPER AGREEMENT
If you are given a JobKeeper direction or request by
your employer, Professionals Australia can advise
Secondary employment, training, etc
you on whether it is lawful, fair and reasonable.
You may also be concerned about whether your
If you are under JobKeeper stand down, you
employer is misusing the JobKeeper scheme - please
can make a request to your employer to:
contact Professionals Australia for further
assistance.
Engage in reasonable secondary
employment
Disputes can be taken to the Fair Work Commission.
Obtain training
There are also penalties which apply to some
Obtain professional development
breaches of the JobKeeper provisions. For example,
there are penalties for Legacy Employers who
A legacy employer must consider, and not
knowingly provide false or misleading information in
unreasonably refuse your request.
order to obtain a Certificate.
FURTHER INFORMATION
JOBSEEKER We recommend that you contact the Workplace Advice and
Support (WAS) team for specific advice tailored for your individual
For information in regard the circumstances, as this fact sheet is intended for general
JobSeeker Scheme please visit the information only.
Services Australia website.
If you work in a collective workplace and you are covered by an
enterprise agreement, you can also contact your local delegate,
organiser or industrial officer for assistance.You can also read
