The Fair Work Commission can only deal with jobkeeper disputes that fall within its powers, also known as its ‘jurisdiction’.
If a respondent believes that the Commission does not have jurisdiction to deal with the application, or that the applicant is not eligible to make the application, then the respondent can make a jurisdictional objection.
For example, the respondent could make a jurisdictional objection if:
- the applicant is not a person or organisation that can make an application (eg they are not a national system employer), or
- the dispute is not about the operation of Part 6-4C of the Fair Work Act 2009 (such as a dispute about whether an employer qualifies for the jobkeeper scheme).
By making a jurisdictional objection, the respondent is saying that the Commission does not have the power to deal with the dispute. Making a jurisdictional objection will NOT stop the jobkeeper dispute application. Jurisdictional objections must be determined by the Commission. This is done by a member holding a conference or hearing and making a formal decision. A respondent may be required to provide evidence and/or submissions on its objections.