The majority of the jobkeeper provisions of the Fair Work Act 2009 were repealed on 29 March 2021.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.

Service & entitlement accrual while a JobKeeper enabling direction applies

 

See Fair Work Act 2009 ss.22, 789GR and 789GS

For the purposes of the Fair Work Act, the period that an employee is subject to a jobkeeper enabling direction counts as service.

While a jobkeeper enabling direction applies to an employee:

  • the employee accrues leave entitlements, and
  • redundancy pay and payment in lieu of notice of termination are calculated,

as if the direction had not been given.

The Commission can deal with disputes about sections 789GR and 789GS after 29 March 2021.

Updated time

Last updated

29 March 2021

 

 

 

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