COVID-19 Further temporary Fair Work Act provisions

For payments in April, there were temporary changes to the Fair Work Act 2009 to help employers who qualify for the JobKeeper scheme.  These temporary changes allowed for temporary and partial stand-downs, temporarily altering of employees’ usual duties and locations of work, and for employers and employees to agree on altering an employee’s days and times of work and leave in certain circumstances.   So now, for some businesses that won’t qualify for JobKeeper 2.0, these provisions no longer apply.

However, with the JobKeeper 2.0 now passed in Parliament, there were also some changes for those employers that have received JobKeeper but will no longer qualify past September.  It means they will retain some of the industrial relations measures – provided they have suffered a 10% drop in revenue in relevant quarters this year compared with last year.

To qualify for the flexibility, businesses will need to hold a certificate issued by an Accountant, proving their 10% decline in turnover each quarter.  For small business employers (with less than 15 employees) a self-certificate will be accepted, but penalties are expected for those that lie.

With the 10% decline in turnover, employers who previously qualified for JobKeeper but no longer do post-September, will be allowed to use the job keeper enabling stand down to reduce employees’ working hours up to 40%.  Employers will need to provide employees with 7 days’ notice of the changes and undertake consultation.  Employees cannot reduce working hours to less than 2 hours each day.   Seeking agreement with staff on using annual leave, including at half pay, will also be available, as will working different days and times.

This flexibility to these employers continues to be linked to the extension of JobKeeper until the end of March 2021 or such time that the 10% decline doesn’t exist.

If you require advice on these provisions or further assistance with the management of your staff during this time, please let us know.  We are here to help. We remain available via email or phone – leisa.messer@hrbd.com.au or 0401 271 616 | 07 3890 2066.

The Team at HR Business Direction