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The majority of the jobkeeper provisions of the Fair Work Act 2009 were repealed on 29 March 2021.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 s.524
A jobkeeper enabling stand down direction is different to a direction to employees to stand down under s.524 of the Fair Work Act.
Under s.524, an employer can stand down an employee during a period in which the employee cannot usefully be employed because of:
An employer does not have to qualify for the jobkeeper payment scheme to stand down an employee under s.524, and does not have to make payments to the employee for the period of the stand down.
The Fair Work Commission can deal with disputes about stand downs under s.524. See the Commission’s Industrial action benchbook for more information on standing down employees under s.524 of the Fair Work Act.