An overview of legal procedure & case law
See Fair Work Act 2009 ss.789GG and 789GJD
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.
[1] Fair Work Act s.789GX(d).