Under the extended provisions, legacy employers can, for their previously eligible employees:
Any legacy employer issuing directions or making agreements must follow the enhanced notice and consultation requirements under the JobKeeper provisions.
Legacy employers also need to give their employees who are subject to a JobKeeper enabling direction or agreement written notice about whether:
JobKeeper enabling directions or agreements in place for legacy employers on 27 September 2020
Any JobKeeper enabling directions or agreements that legacy employers already have in place will end on 27 September 2020. These agreements will need to be reissued or make new directions and agreements.
JobKeeper enabling stand down directions
Legacy employers can continue to issue JobKeeper enabling stand down directions to their previously eligible employees after 27 September 2020, provided the direction doesn’t:
JobKeeper enabling directions to change duties or work location
Legacy employers can continue to give a direction to change a previously eligible employee’s duties or work location in line with provisions under the JobKeeper scheme.
JobKeeper agreements to change days or times of work
Legacy employers can continue to make agreements to change a previously eligible employee’s days or hours of work. The agreement can’t result in the employee working less than 2 hours per day (in line with the provisions under the JobKeeper scheme).
Agreements to take annual leave
Under the original JobKeeper provisions, qualifying employers could make agreements with eligible employees to take annual leave. This included taking annual leave at half-pay.
This provision has been repealed and stops applying from 28 September 2020. From this date, any agreement that was made under these provisions stop applying.
From 28 September 2020, employers and employees need to follow the usual rules for taking and requesting annual leave, including those set by an award or agreement.
Please note: This information relates to the recent extension of the JobKeeper enabling directions and does not provide details of the full JobKeeper Wage Subsidy Scheme.
For full details of the Scheme please refer to https://coronavirus.fairwork.gov.au/coronavirus-and-australian-workplace-laws/pay-and-leave-during-coronavirus/jobkeeper-wage-subsidy-scheme