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The majority of the jobkeeper provisions of the Fair Work Act 2009 were repealed on 29 March 2021.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.
The Fair Work Commission will hold all conciliations, hearings and conferences by phone or videoconference where possible.
Some cases may also be dealt with ‘on the papers’. This means a Commission Member will deal with your case using the written materials you and the other parties have lodged. If this happens, the Commission will not need oral submissions or evidence.
The Commission Member dealing with your matter will contact you if they decide to deal with your case on the papers.