Temporary JobKeeper provisions have been added to the Fair Work Act 2009. An employer who is entitled to receive JobKeeper payments for an eligible employee can temporarily change some of the employee's job conditions by:
The JobKeeper changes to the Fair Work Act 2009 started on 9 April 2020 and end on 28 September 2020. However, the Commission can still deal with JobKeeper disputes after 28 September 2020.
The Fair Work Commission benchbook provides further information about who can make JobKeeper directions and agreements.
Employers who are receiving JobKeeper payments for an employee must meet the wage condition. This means that they must pass on the full JobKeeper wage subsidy of $1,500 per fortnight (before tax) to the employees that they are claiming it for. If an employer doesn’t do this, then they are not meeting the wage condition.
Employers who are receiving JobKeeper payments for an employee must also meet the minimum payment guarantee. This means that if an employee earns more than the JobKeeper payment during a fortnight for the work they perform (including any payments for leave or public holidays), their employer needs to pay them the higher amount for that fortnight. The employer can’t pay just $1500 (before tax).
An employer must meet the wage condition and the minimum payment guarantee to give a JobKeeper direction or request an agreement under the JobKeeper provisions.