The majority of the jobkeeper provisions of the Fair Work Act 2009 were repealed on 29 March 2021. The Fair Work Commission has limited power to deal with jobkeeper disputes on or after this date.

Attachment 5 sets out the jobkeeper provisions of the Fair Work Act that continue to apply on and after 29 March 2021.

Agreements about days or times of work

 

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Overview

See Fair Work Act 2009 ss.789GG and 789GJD

Sections 789GG and 789GJD of Part 6-4C were repealed on 29 March 2021.

A request for a jobkeeper agreement about days or times of work cannot be made on or after 29 March 2021 and an agreement made before 29 March 2021 does not apply on or after that date.

See Attachment 5 for information about the jobkeeper provisions that apply on and after 29 March 2021.

An employer that is entitled to jobkeeper payments for an employee can make an agreement with the employee about the days or times the employee will work.

Some legacy employers can also make agreements with their employees about the days or times the employee will work. However, agreements made by legacy employers cannot result in an employee working less than 2 hours in a day, and are subject to increased notice requirements compared with agreements made by employers that are entitled to jobkeeper payments.

The Minister for Industrial Relations has the power to exclude one or more specified employers from making agreements about days or times of work under s.789GG and s.789GJD[1] but this has not yet occurred.

Related information

Reference

[1] Fair Work Act s.789GX(d).

Updated time

Last updated

29 March 2021

 

 

 

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