Further to JobKeeper 2.0 updates provided in earlier editions of the QHA Update and QHA ER Bulletin, on Wednesday 26 August 2020, the Coronavirus Economic Response Package (JobKeeper Payments) Amendment Bill 2020 (the ‘Bill’) was introduced to Parliament.

More details of the Bill will be provided once it has passed. In the interim, the key aspects are:

JobKeeper Payments from 28 September

The Bill will action JobKeeper 2.0 in the form as previously communicated. To view earlier editions of the ER Bulletins, click on the below links:

  • August 19 ER Bulletin - click HERE
    (this contains information about the alteration of the employee eligibility date during the current JobKeeper scheme, from the JobKeeper fortnight commencing 3 August 2020).
  • August 12 QHA Update - click HERE
    (this contains information about a further 7 August Government announcement regarding JobKeeper 2.0, which followed the original July announcement and included new updates to the extension).
  • August 7 ER Bulletin - click HERE
    (this contains information about a further 7 August Government announcement regarding JobKeeper 2.0, which followed the original July announcement and included new updates to the extension).
  • 24 July QHA Update - click HERE
    (this contains information about the original JobKeeper 2.0 announcement. Please note that some of the information in this ER Bulletin has been replaced by updates from the 7 August announcement).

JobKeeper Enabled Directions

The Bill seeks to extend the provisions of the Fair Work Act 2009 (the ‘Act’) with respect to the JobKeeper Directions and Requests – with some modifications. The main takeaways of the Bill are:

  • The ability for an employer to issue a Direction as per current Part 6-4C of the Act will be extended to 28 March 2021
  • The ability of an employer to request an employee to take annual leave, will not continue after 28 September 2020.

Employers who can utilise the extended Part 6-4*:

  • Employers who are eligible for JobKeeper 2.0 payments after 28 September 2020 (“qualifying employers”); and
  • Employers (“legacy employers”) who:
    • received one or more JobKeeper payments in the period prior to 28 September 2020; but
    • no longer qualifies for a payment after 28 September 2020;
    • and who have a certificate stating they have experienced a 10% decline in turnover (as per the criteria to be detailed in new section 789GCB).

*Note: the flexibility as per Part 6-4C will be modified in its application to legacy employers, for example, a longer consultation period for Directions will apply, and a reduction of working hours to no less than 60%.

 

The above represents a quick snapshot of JobKeeper after 28 September. More details will be provided
once the Bill has passed – at this time we will know the final form and be in a position to provide
definite advice. Please stay tuned for more information via
QHA’s usual communications.