Fair Work Commission

See Fair Work Act 2009 s.789GG

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:

• must consider the request, and
• must not unreasonably refuse the request.

The agreement is authorised if:

• the agreement is in writing
• the employer qualified for the jobkeeper scheme when the agreement was made
• the performance of the employee’s duties on those days or at those times is safe, having regard to (without limitation) the nature and spread of COVID-19, and reasonably within the scope of the employer’s business operations
• the agreement does not have the effect of reducing the employee’s number of hours of work (compared with the employee’s ordinary hours of work), and
• the employer becomes entitled to one or more jobkeeper payments for the employee
  • for a period that consists of or includes the relevant period, or
  • for periods that, when considered together, consist of or include the relevant period.