An overview of legal procedure & case law
The majority of the jobkeeper provisions of the Fair Work Act 2009 were repealed on 29 March 2021.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.
See Fair Work Act 2009 s.789GG
Section 789GG of Part 6-4C was repealed on 29 March 2021.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.
If an employer qualifies for the jobkeeper scheme and is entitled to one or more jobkeeper payments for an employee, the employer may ask the employee to make an agreement with the employer about performing their duties on different days or at different times compared with the employee’s ordinary days or times of work.
The employee:
The agreement is authorised if: