We’re Here to Assist You During this Challenging Time!
This is a difficult time for employers, you’re trying to keep your business afloat, and the employment landscape is in a constant state of evolution so it’s impossible to stay up to date!
You are likely aware that the Australian Government has made amendments to the Fair Work Act 2009 which deal with the JobKeeper Subsidy.
The changes to the Fair Work Act 2009 provide greater flexibility where an employer is eligible for the JobKeeper Subsidy – this is a positive move for employers, the previous lack of flexibility is an area I have discussed with many clients over the past few weeks.
These provisions will be extremely helpful in situations, where to date, employers have been unable to meet the strict requirements for a full unpaid stand down under the Fair Work Act 2009 and/or where you still have some work for employees to do but not their full usual work and have been struggling to get employees to voluntarily agree to reduced hours or to take leave.
These are significant changes, which increase employer’s powersin many areas.
In summary, under the new provisions, where an employer is eligible to receive the JobKeeper Subsidy and the employee is getting / will get JobKeeper, the employer has scope to:
• stand an employee down or reduce the employee’s hours (not their rate of pay) if the employee cannot be ‘usefully employed’ for their normal days and hours’
• change the employee’s duties;
• change the employee’s work location; and/or
• direct the employee to take annual leave
…… during the period for which the employer and the employee are eligible for the subsidy.
There are a number of procedural requirements that need to be met before these changes can be made, including obligations around notice and consultation, and it is important to note that decisions are subject to review by the Fair Work Commission in the event of a dispute.
The above is still new, it was passed down just before the Easter break, so we expect more information to be shared in due course.
If you are looking to implement any of the above, please give me a call or send me a message or a email and I can talk through your options, the specific requirements and assist with paperwork and the like.
I’m here to help! Get in touch and we’ll work through your questions and concerns together.