Under the extended provisions, legacy employers can, for their previously eligible employees:

  • issue JobKeeper enabling stand down directions (with some changes)
  • issue JobKeeper enabling directions in relation to employees’ duties and locations of work
  • make agreements with employees to work on different days or at different times (with some changes).

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:

  • the employer has obtained a certificate or statutory declaration for the relevant quarter
  • the JobKeeper enabling direction or agreement will continue or end.

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:

  • result in an employee working less than 2 hours on a workday
  • reduce a full-time or part-time employee’s hour of work to less than 60% of their ordinary hours as at 1 March 2020.
  • Employees must be given 7 days written noticeof any reduction in hours, or a lesser notice period where genuinely agreed, compared to the three-day notice period previously required.

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

Or https://www.ato.gov.au/general/JobKeeper-Payment/