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The majority of the jobkeeper provisions of the Fair Work Act 2009 were repealed on 29 March 2021.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.
Who can make an application
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Making an application
You can apply to the Fair Work Commission to deal with a jobkeeper dispute under the coronavirus economic recovery provisions in the Fair Work Act 2009 if you are:
- a national system employee
- a national system employer
- an employee organisation (a union)
- an employer organisation.
A national system employee is employed, or usually employed, by a national system employer (see s.13 of the Fair Work Act). In some circumstances, textile, clothing and footwear industry contract outworkers are taken to be national system employees (see s.789BB of the Fair Work Act).
A national system employer is an employer covered by the national workplace laws (see s.14 of the Fair Work Act).
Who is covered by national workplace relations laws?
The national workplace relations system covers:
- all employees in Victoria (with limited exceptions in relation to State public sector employees), the Northern Territory and the Australian Capital Territory
- all employees on Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands
- those employed by private enterprise in New South Wales, Queensland, South Australia and Tasmania
- those employed by a constitutional corporation in Western Australia (including Pty Ltd companies) – this may include some local governments and authorities
- those employed by the Commonwealth or a Commonwealth authority, and
- waterside employees, maritime employees, or flight crew officers in interstate or overseas trade or commerce.
Amending an application
Section 586 of the Fair Work Act provides a power for the Commission to correct or amend an application, or waive an irregularity in the form or manner in which an application is made.[1]
An applicant can apply to the Commission to amend an application if they have made a mistake on the form such as misspelling the name or not providing the full name of the employer. In certain circumstances, this power may also be used to substitute the name of the employer.[2]
References
[1] Fair Work Act s.586; see Narayan v MW Engineers Pty Ltd [2013] FWCFB 2530 (Ross J, Sams DP, Bull C, 29 April 2013) at para. 6, [(2013) 231 IR 89].
[2] See for example Djula v Centurion Transport Co. Pty Ltd [2015] FWCFB 2371 (Catanzariti VP, Harrison SDP, Bull C, 12 May 2015) at para. 28.
Updated time
Last updated
29 March 2021
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