Are you no longer receiving JobKeeper payments for your employees? Your business may still be able to access support under the Fair Work Act amendments.
The Job Keeper Scheme, was extended beyond 28 September 2020, with several changes made to eligibility and payments and is now known as JobKeeper 2.0
It has been recognised by the Government that employers ineligible for JobKeeper 2.0, who had previously been eligible under Jobkeeper 1.0, could still be suffering the impacts of Covid-19 and should have some continued support under JobKeeper provisions, to keep their business viable during these times. These employers are referred to as a Legacy Employer and are able to access some of the temporary amendments to the Fair Work Act.
Eligibility requirements for Legacy Employers
- Your business must have previously qualified for JobKeeper 1.0, but no longer qualify under JobKeeper 2.0 terms; and
- Demonstrate a 10% decline in turnover for the relevant quarter and obtain a certificate from an eligible financial service provider or make a statutory declaration if you are a small business employer.
What flexibilities are provided for Legacy Employers?
Below are the JobKeeper enabling directions that can be given by Legacy Employers, without employee agreement:
- Partial stand down directions – for example a direction to work less hours because they cannot be usefully employed;
- Direction relating to performing duties of work;
- Direction relating to location of work;
- Direction to work on different days or at different times.
Legacy Employers will be able to give these directions only under the following circumstances to ensure they comply with notice, consultation rules and other safeguards:
- The employee’s hours are not reduced below 60% of their ordinary hours as at 1 March 2020; and
- The employee is provided with at least two hours work on any day they are required to work; and
- The employee is provided with seven days’ notice of the direction.
At this time, the legacy provisions will end on 28 March 2021 and we will keep you updated of any changes.
Many Awards also contain temporary schedules providing employer flexibility and employee support during the pandemic and we recommend employers also check these.
Please contact the team if you have any questions understanding these provisions and implementing strategies to utilise these to support your business.