Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Coronavirus Economic Response
Package (Jobkeeper Payments)
Amendment Bill 2020
No. , 2020
(Treasury)
A Bill for an Act to amend the
law relating to the
Coronavirus economic response, and for related
purposes
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Extending the operation of the Coronavirus
Economic Response Package (Payments and
Benefits) Act 2020
4
Part 1--Main amendments
4
Coronavirus Economic Response Package (Payments and Benefits)
Act 2020
4
Part 2--Consequential amendments
5
Coronavirus Economic Response Package Omnibus (Measures No. 2)
Act 2020
5
Taxation Administration Act 1953
5
Schedule 2--Jobkeeper-related provisions of the Fair Work
Act 2009
6
Part 1--Extension of the jobkeeper-related provisions of the
Fair Work Act 2009
6
Coronavirus Economic Response Package Omnibus (Measures No. 2)
Act 2020
6
Part 2--General amendments
7
Fair Work Act 2009
7
Part 3--Amendments relating to paid annual leave
29
Fair Work Act 2009
29
Part 4--Miscellaneous amendments
31
Coronavirus Economic Response Package Omnibus (Measures No. 2)
Act 2020
31
Fair Work Act 2009
32
ii
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
Part 5--Amendments consequential on the commencement of
the Coronavirus Economic Response Package
(Payments and Benefits) Amendment Rules (No. 8)
2020
33
Fair Work Act 2009
33
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
1
A Bill for an Act to amend the
law relating to the
1
Coronavirus economic response, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Coronavirus Economic Response Package
6
(Jobkeeper Payments) Amendment Act 2020
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day this Act receives the Royal Assent.
3. Schedule 2,
Part 1
27 September 2020.
27 September
2020
4. Schedule 2,
Part 2
The day after this Act receives the Royal
Assent.
5. Schedule 2,
Part 3
28 September 2020.
28 September
2020
6. Schedule 2,
Part 4
Immediately after the commencement of
Part 2 of Schedule 1 to the
Coronavirus
Economic Response Package Omnibus
(Measures No. 2) Act 2020
.
29 March 2021
7. Schedule 2,
Part 5
At the same time as Part 2 of Schedule 1 to
the
Coronavirus Economic Response
Package (Payments and Benefits)
Amendment Rules (No. 8) 2020
commences.
However, the provisions do not commence
at all if that Part does not commence.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1
Extending the operation of the Coronavirus Economic Response Package
(Payments and Benefits) Act 2020
Part 1
Main amendments
4
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
Schedule 1--Extending the operation of the
1
Coronavirus Economic Response
2
Package (Payments and Benefits) Act
3
2020
4
Part 1--Main amendments
5
Coronavirus Economic Response Package (Payments and
6
Benefits) Act 2020
7
1 Section 6 (definition of
prescribed period
)
8
Omit "31 December 2020", substitute "28 March 2021".
9
Extending the operation of the Coronavirus Economic Response Package (Payments
and Benefits) Act 2020
Schedule 1
Consequential amendments
Part 2
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
5
Part 2--Consequential amendments
1
Coronavirus Economic Response Package Omnibus
2
(Measures No. 2) Act 2020
3
2 Subitems 28(4) and (5) of Schedule 2
4
Omit "31 December 2020", substitute "28 March 2021".
5
3 Application of item 2
6
The amendments made by item 2 of this Schedule apply in relation to
7
an instrument made before, on or after the commencement of that item.
8
Taxation Administration Act 1953
9
4 Subsection 355-65(8) in Schedule 1 (after table item 10)
10
Insert:
11
10A
an
*
Australian government
agency
(a) is of information that relates to the
jobkeeper scheme (within the
meaning of the
Coronavirus
Economic Response Package
(Payments and Benefits)
Rules 2020)
; and
(b) is for the purpose of administering
an
*
Australian law; and
(c) is for a purpose relating to the
coronavirus known as COVID-19.
5 Application of item 4
12
The amendment made by item 4 of this Schedule applies in relation to
13
records and disclosures of information made on or after the
14
commencement of that item, whether the information was obtained
15
before, on or after the commencement of that item.
16
Schedule 2
Jobkeeper-related provisions of the Fair Work Act 2009
Part 1
Extension of the jobkeeper-related provisions of the Fair Work Act 2009
6
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
Schedule 2--Jobkeeper-related provisions of
1
the Fair Work Act 2009
2
Part 1--Extension of the jobkeeper-related
3
provisions of the Fair Work Act 2009
4
Coronavirus Economic Response Package Omnibus
5
(Measures No. 2) Act 2020
6
1 Subsection 2(1) (table item 3)
7
Repeal the item, substitute:
8
3. Schedule 1,
Part 2
29 March 2021.
29 March 2021
Jobkeeper-related provisions of the Fair Work Act 2009
Schedule 2
General amendments
Part 2
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
7
Part 2--General amendments
1
Fair Work Act 2009
2
2 Subsection 539(2) (cell at table item 40, column 1)
3
After "789GDB(3)", insert:
4
789GJE(3)
5
789GJE(5)
6
789GJF(4)
7
789GJF(6)
8
3 Subsection 539(2) (at the end of the cell at table item 40,
9
column 1)
10
Add:
11
789GXB(1)
12
789GXB(2)
13
789GXB(3)
14
789GXC(1)
15
4 Section 789GA
16
After "employers who qualify" (first occurring), insert "(or previously
17
qualified)".
18
5 Section 789GA
19
After "employer who qualifies" (first and second occurring), insert "(or
20
previously qualified)".
21
6 Section 789GA
22
Omit:
23
This Part authorises an employer who qualifies for the jobkeeper
24
scheme and an employee to make an agreement in relation to:
25
(a)
the days or times when the employee is to perform
26
work; or
27
(b)
the employee taking annual leave, including at half pay.
28
Schedule 2
Jobkeeper-related provisions of the Fair Work Act 2009
Part 2
General amendments
8
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
substitute:
1
This Part authorises an employer who qualifies (or previously
2
qualified) for the jobkeeper scheme and an employee to make an
3
agreement in relation to the days or times when the employee is to
4
perform work.
5
This Part authorises an employer who qualifies for the jobkeeper
6
scheme and an employee to make an agreement in relation to the
7
employee taking annual leave, including at half pay.
8
7 Section 789GA
9
After "employer who qualifies" (fourth, fifth and sixth occurring), insert
10
"(or previously qualified)".
11
8 Section 789GA
12
After "employers who qualify" (last occurring), insert "(or previously
13
qualified)".
14
9 Section 789GA (note)
15
Repeal the note, substitute:
16
Note 1:
Division 5 (taking paid annual leave) will be repealed on
17
28 September 2020.
18
Note 2:
The remaining core provisions of this Part (namely, Divisions 2, 3, 4,
19
5A, 6, 9 and 11) will be repealed on 29 March 2021.
20
10 Section 789GC
21
Insert:
22
10% decline in turnover certificate
has the meaning given by
23
section 789GCD.
24
10% decline in turnover test
means the test set out in
25
section 789GCB.
26
current GST turnover
has the same meaning as in the jobkeeper
27
payment rules.
28
Jobkeeper-related provisions of the Fair Work Act 2009
Schedule 2
General amendments
Part 2
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
9
decline in turnover test
has the same meaning as in the jobkeeper
1
payment rules.
2
designated quarter
applicable to a time has the meaning given by
3
section 789GCC.
4
eligible financial service provider
means:
5
(a) a registered company auditor; or
6
(b) a registered tax agent, BAS agent or tax (financial) adviser;
7
or
8
(c) a qualified accountant.
9
11 Section 789GC (definition of
jobkeeper enabling direction
)
10
Omit "or 789GF", substitute ", 789GF, 789GJA, 789GJB or 789GJC".
11
12 Section 789GC
12
Insert:
13
qualified accountant
has the same meaning as in the
Corporations
14
Act 2001
.
15
quarter
means a period of 3 months ending on 31 March, 30 June,
16
30 September or 31 December.
17
registered company auditor
means a person registered as an
18
auditor under Part 9.2 of the
Corporations Act 2001
.
19
registered tax agent, BAS agent or tax (financial) adviser
has the
20
same meaning as in the
Tax Agent Services Act 2009
.
21
13 At the end of Division 1 of Part 6-4C
22
Add:
23
789GCB 10% decline in turnover test
24
(1) For the purposes of this Part, an employer satisfies the
10% decline
25
in turnover test
for a quarter if the employer would satisfy the
26
decline in turnover test at a time in the quarter if:
27
(a) the turnover test period were the quarter, instead of the period
28
determined under paragraph 8(7)(a) or (aa) of the jobkeeper
29
payment rules; and
30
Schedule 2
Jobkeeper-related provisions of the Fair Work Act 2009
Part 2
General amendments
10
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
(b) instead of projected GST turnover, current GST turnover
1
were used (including in subsection 8A(3) of the jobkeeper
2
payment rules, and in applying an alternative decline in
3
turnover test determined under subsection 8(6) of the
4
jobkeeper payment rules); and
5
(c) the specified percentage for the employer was 10%, instead
6
of the percentage worked out under subsection 8(2) of the
7
jobkeeper payment rules; and
8
(d) the decline in turnover test was subject to such modifications
9
(if any) as are prescribed by the regulations.
10
(2) The regulations must not prescribe modifications for the purposes
11
of paragraph (1)(d) unless:
12
(a) the jobkeeper payment rules are amended after the
13
commencement of this section; and
14
(b) the modifications relate to those amendments.
15
789GCC Designated quarter
16
For the purposes of this Part, the
designated quarter
applicable to a
17
time is set out in the table.
18
19
Designated quarter applicable to a time
Item
If the time occurs:
the designated quarter applicable to the
time is the quarter ending on:
1
before 28 October 2020
30 June 2020
2
during the period:
(a) beginning at the start of
28 October 2020; and
(b) ending at the end of
27 February 2021
30 September 2020
3
on or after 28 February 2021
31 December 2020
20
789GCD 10% decline in turnover certificate
21
(1) An eligible financial service provider may issue a written
22
certificate that:
23
(a) relates to a specified employer; and
24
Jobkeeper-related provisions of the Fair Work Act 2009
Schedule 2
General amendments
Part 2
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
11
(b) states that, in the opinion of the eligible financial service
1
provider, the employer satisfied the 10% decline in turnover
2
test for the designated quarter applicable to a specified time.
3
(2) However, an eligible financial service provider is not entitled to
4
issue a certificate under subsection (1) in relation to an employer if
5
the eligible financial service provider is:
6
(a) a director or employee of the employer; or
7
(b) an associated entity of the employer; or
8
(c) a director or employee of an associated entity of the
9
employer.
10
(3) A certificate under subsection (1) is to be known as a
10% decline
11
in turnover certificate
that covers the employer specified in the
12
certificate for the designated quarter applicable to the time
13
specified in the certificate.
14
(4) If:
15
(a) an employer is a small business employer; and
16
(b) an individual who:
17
(i) is, or is authorised by, the employer; and
18
(ii) has knowledge of the financial affairs of the employer;
19
makes a statutory declaration to the effect that the employer
20
satisfied the 10% decline in turnover test for the designated
21
quarter applicable to a specified time;
22
the statutory declaration is taken to be a
10% decline in turnover
23
certificate
that covers the employer for the designated quarter
24
applicable to the time specified in the statutory declaration.
25
Note:
For
small business employer
, see section 23.
26
14 Subsection 789GDB(2)
27
After "789GDC", insert "or 789GJA".
28
15 Subsection 789GDB(3)
29
After "789GE", insert "or 789GJB".
30
16 Division 3 of Part 6-4C (at the end of the heading)
31
Add "
--employer currently entitled to jobkeeper payment for
32
employee
".
33
Schedule 2
Jobkeeper-related provisions of the Fair Work Act 2009
Part 2
General amendments
12
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
17 Section 789GDC (at the end of the heading)
1
Add "
--employer currently entitled to jobkeeper payment for
2
employee
".
3
18 Division 4 of Part 6-4C (at the end of the heading)
4
Add "
--employer currently entitled to jobkeeper payment for
5
employee
".
6
19 Section 789GE (at the end of the heading)
7
Add "
--employer currently entitled to jobkeeper payment for
8
employee
".
9
20 Section 789GF (at the end of the heading)
10
Add "
--employer currently entitled to jobkeeper payment for
11
employee
".
12
21 Section 789GG (at the end of the heading)
13
Add "
--employer currently entitled to jobkeeper payment for
14
employee
".
15
22 Before Division 6 of Part 6-4C
16
Insert:
17
Division 5A--Flexibility provisions relating to employers
18
previously entitled to jobkeeper payment
19
789GJA Jobkeeper enabling stand down--employer previously
20
entitled to jobkeeper payment for employee
21
(1) If:
22
(a) after the commencement of this section, an employer of an
23
employee gave the employee a direction (the
jobkeeper
24
enabling stand down direction
) to:
25
(i) not work on a day or days on which the employee
26
would usually work; or
27
(ii) work for a lesser period than the period which the
28
employee would ordinarily work on a particular day or
29
days; or
30
Jobkeeper-related provisions of the Fair Work Act 2009
Schedule 2
General amendments
Part 2
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
13
(iii) work a reduced number of hours (compared with the
1
employee's ordinary hours of work);
2
during a period (the
jobkeeper enabling stand down period
);
3
and
4
(b) the jobkeeper enabling stand down direction does not require
5
the employee to work a reduced number of hours (compared
6
with the employee's ordinary hours of work) that is less than:
7
(i) if the employee does not belong to a class of employees
8
specified in regulations made for the purposes of
9
subparagraph (ii)--60% of the employee's ordinary
10
hours of work as at the start of 1 March 2020; or
11
(ii) if the employee belongs to a class of employees
12
specified in the regulations--60% of the number of
13
ordinary hours of work ascertained in accordance with
14
the regulations for that class; and
15
(c) the jobkeeper enabling stand down direction does not require
16
the employee to work less than 2 hours in a day; and
17
(d) the employee cannot be usefully employed for the
18
employee's normal days or hours during the jobkeeper
19
enabling stand down period because of changes to business
20
attributable to:
21
(i) the COVID-19 pandemic; or
22
(ii) government initiatives to slow the transmission of
23
COVID-19; and
24
(e) the implementation of the jobkeeper enabling stand down
25
direction is safe, having regard to (without limitation) the
26
nature and spread of COVID-19; and
27
(f) the employer is not entitled to one or more jobkeeper
28
payments for the employee:
29
(i) for a period that consists of or includes the jobkeeper
30
enabling stand down period; or
31
(ii) for periods that, when considered together, consist of or
32
include the jobkeeper enabling stand down period; and
33
(g) the jobkeeper enabling stand down period begins on or after
34
28 September 2020; and
35
(h) the employer was entitled to a jobkeeper payment for the
36
employee for a fortnight that ended before 28 September
37
2020; and
38
Schedule 2
Jobkeeper-related provisions of the Fair Work Act 2009
Part 2
General amendments
14
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
(i) at the time when the direction was given, the employer held a
1
10% decline in turnover certificate that covers the employer
2
for the designated quarter applicable to that time;
3
the jobkeeper enabling stand down direction is authorised by this
4
section.
5
(2) If the jobkeeper enabling stand down direction applies to the
6
employee, then, during the jobkeeper enabling stand down period,
7
the employer is still required to comply with:
8
(a) section 323 (method and frequency of payment of wages);
9
and
10
(b) the hourly rate of pay guarantee (see section 789GDB);
11
but is not otherwise required to make payments to the employee in
12
respect of the jobkeeper enabling stand down period.
13
(3) The jobkeeper enabling stand down direction does not apply to the
14
employee during a period when the employee:
15
(a) is taking paid or unpaid leave that is authorised by the
16
employer; or
17
(b) is otherwise authorised to be absent from the employee's
18
employment.
19
Note:
An employee may take paid or unpaid leave (for example, annual
20
leave) during all or part of a period during which the jobkeeper
21
enabling stand down direction would otherwise apply to the employee.
22
(4) This section has effect despite a designated employment provision.
23
789GJB Duties of work--employer previously entitled to jobkeeper
24
payment for employee
25
(1) If:
26
(a) after the commencement of this section, an employer of an
27
employee directed the employee to perform any duties during
28
a period (the
relevant period
) that are within the employee's
29
skill and competency; and
30
(b) those duties are safe, having regard to (without limitation) the
31
nature and spread of COVID-19; and
32
(c) in a case where the employee was required to have a licence
33
or qualification in order to perform those duties--the
34
employee had the licence or qualification; and
35
Jobkeeper-related provisions of the Fair Work Act 2009
Schedule 2
General amendments
Part 2
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
15
(d) those duties are reasonably within the scope of the
1
employer's business operations; and
2
(e) the employer is not entitled to one or more jobkeeper
3
payments for the employee:
4
(i) for a period that consists of or includes the relevant
5
period; or
6
(ii) for periods that, when considered together, consist of or
7
include the relevant period; and
8
(f) the relevant period begins on or after 28 September 2020;
9
and
10
(g) the employer was entitled to a jobkeeper payment for the
11
employee for a fortnight that ended before 28 September
12
2020; and
13
(h) at the time when the direction was given, the employer held a
14
10% decline in turnover certificate that covers the employer
15
for the designated quarter applicable to that time;
16
the direction is authorised by this section.
17
(2) This section has effect despite a designated employment provision.
18
789GJC Location of work--employer previously entitled to
19
jobkeeper payment for employee
20
(1) If:
21
(a) after the commencement of this section, an employer of an
22
employee directed the employee to perform duties during a
23
period (the
relevant period
) at a place that is different from
24
the employee's normal place of work, including the
25
employee's home; and
26
(b) the place is suitable for the employee's duties; and
27
(c) if the place is not the employee's home--the place does not
28
require the employee to travel a distance that is unreasonable
29
in all the circumstances, including the circumstances
30
surrounding the COVID-19 pandemic; and
31
(d) the performance of the employee's duties at the place is:
32
(i) safe, having regard to (without limitation) the nature
33
and spread of COVID-19; and
34
(ii) reasonably within the scope of the employer's business
35
operations; and
36
Schedule 2
Jobkeeper-related provisions of the Fair Work Act 2009
Part 2
General amendments
16
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
(e) the employer is not entitled to one or more jobkeeper
1
payments for the employee:
2
(i) for a period that consists of or includes the relevant
3
period; or
4
(ii) for periods that, when considered together, consist of or
5
include the relevant period; and
6
(f) the relevant period begins on or after 28 September 2020;
7
and
8
(g) the employer was entitled to a jobkeeper payment for the
9
employee for a fortnight that ended before 28 September
10
2020; and
11
(h) at the time when the direction was given, the employer held a
12
10% decline in turnover certificate that covers the employer
13
for the designated quarter applicable to that time;
14
the direction is authorised by this section.
15
(2) This section has effect despite a designated employment provision.
16
789GJD Days of work etc.--employer previously entitled to
17
jobkeeper payment for employee
18
(1) If:
19
(a) an employer of an employee was entitled to a jobkeeper
20
payment for the employee for a fortnight that ended before
21
28 September 2020; and
22
(b) the employer gives the employee a request to make an
23
agreement with the employer under subsection (2); and
24
(c) if the request is made on or after 28 September 2020--the
25
employer is not entitled to one or more jobkeeper payments
26
for the employee; and
27
(d) if the request is made before 28 September 2020--the
28
employer will not be entitled to a jobkeeper payment for the
29
employee for the fortnight beginning on 28 September 2020;
30
and
31
(e) at the time when the request was given, the employer held a
32
10% decline in turnover certificate that covers the employer
33
for the designated quarter applicable to that time;
34
the employee:
35
(f) must consider the request; and
36
Jobkeeper-related provisions of the Fair Work Act 2009
Schedule 2
General amendments
Part 2
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
17
(g) must not unreasonably refuse the request.
1
(2) If:
2
(a) after the commencement of this section, an employer and an
3
employee of the employer agree in writing to the employee
4
performing duties during a period (the
relevant period
):
5
(i) on different days; or
6
(ii) at different times;
7
compared with the employee's ordinary days or times of
8
work; and
9
(b) the performance of the employee's duties on those days or at
10
those times is:
11
(i) safe, having regard to (without limitation) the nature
12
and spread of COVID-19; and
13
(ii) reasonably within the scope of the employer's business
14
operations; and
15
(c) the agreement does not have the effect of reducing the
16
employee's number of hours of work (compared with the
17
employee's ordinary hours of work); and
18
(d) the agreement does not have the effect of requiring the
19
employee to work less than 2 hours in a day; and
20
(e) the employer is not entitled to one or more jobkeeper
21
payments for the employee:
22
(i) for a period that consists of or includes the relevant
23
period; or
24
(ii) for periods that, when considered together, consist of or
25
include the relevant period; and
26
(f) the relevant period begins on or after 28 September 2020;
27
and
28
(g) the employer was entitled to a jobkeeper payment for the
29
employee for a fortnight that ended before 28 September
30
2020; and
31
(h) at the time when the agreement was made, the employer held
32
a 10% decline in turnover certificate that covers the employer
33
for the designated quarter applicable to that time;
34
the agreement is authorised by this section.
35
(3) This section has effect despite a designated employment provision.
36
Schedule 2
Jobkeeper-related provisions of the Fair Work Act 2009
Part 2
General amendments
18
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
789GJE Termination of direction if employer ceases to satisfy the
1
10% decline in turnover test
2
Test time
3
(1) For the purposes of this section,
test time
means:
4
(a) the start of 28 October 2020; or
5
(b) the start of 28 February 2021.
6
Termination of direction
7
(2) If:
8
(a) an employer of an employee gave the employee a jobkeeper
9
enabling direction under section 789GJA, 789GJB or
10
789GJC; and
11
(b) the direction applies to the employee at a test time; and
12
(c) at the test time, the employer did not hold a 10% decline in
13
turnover certificate that covers the employer for the
14
designated quarter applicable to that time;
15
the direction ceases to have effect immediately after the test time.
16
Note 1:
Under section 789GCC, the designated quarter applicable to the start
17
of 28 October 2020 is the quarter ending on 30 September 2020.
18
Note 2:
Under section 789GCC, the designated quarter applicable to the start
19
of 28 February 2021 is the quarter ending on 31 December 2020.
20
Notification of termination of direction
21
(3) If:
22
(a) an employer of an employee gave the employee a jobkeeper
23
enabling direction under section 789GJA, 789GJB or
24
789GJC; and
25
(b) the direction will cease to have effect immediately after a test
26
time;
27
then, before the test time, the employer must give the employee a
28
written notice that explains:
29
(c) that the direction will cease to have effect; and
30
(d) when the direction will cease to have effect.
31
Note:
This subsection is a civil remedy provision (see Part 4-1) unless
32
subsection (4) applies.
33
Jobkeeper-related provisions of the Fair Work Act 2009
Schedule 2
General amendments
Part 2
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
19
(4) Section 539 (civil remedy) does not apply to a contravention by an
1
employer of subsection (3) of this section unless the employer has
2
previously contravened that subsection on one or more occasions.
3
Notification of continuation of direction
4
(5) If:
5
(a) an employer of an employee gave the employee a jobkeeper
6
enabling direction under section 789GJA, 789GJB or
7
789GJC; and
8
(b) the direction will not cease to have effect immediately after a
9
test time;
10
then, before the test time, the employer must give the employee a
11
written notice that explains that the direction will not cease to have
12
effect immediately after the test time.
13
Note 1:
This subsection is a civil remedy provision (see Part 4-1) unless
14
subsection (6) applies.
15
Note 2:
Section 789GP deals with the circumstances in which a jobkeeper
16
enabling direction ceases to have effect (for example, if the direction
17
is withdrawn, revoked or replaced by the employer or if the direction
18
is terminated under this section.
19
(6) Section 539 (civil remedy) does not apply to a contravention by an
20
employer of subsection (5) of this section unless the employer has
21
previously contravened that subsection on one or more occasions.
22
789GJF Termination of agreement if employer ceases to satisfy the
23
10% decline in turnover test
24
Test time
25
(1) For the purposes of this section,
test time
means:
26
(a) the start of 28 October 2020; or
27
(b) the start of 28 February 2021.
28
Termination of agreement
29
(2) If:
30
(a) an employer of an employee and the employee have made an
31
agreement under subsection 789GJD(2); and
32
(b) the agreement is in force at a test time; and
33
Schedule 2
Jobkeeper-related provisions of the Fair Work Act 2009
Part 2
General amendments
20
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
(c) at the test time, the employer did not hold a 10% decline in
1
turnover certificate that covers the employer for the
2
designated quarter applicable to that time;
3
the agreement ceases to have effect immediately after the test time.
4
Note 1:
Under section 789GCC, the designated quarter applicable to the start
5
of 28 October 2020 is the quarter ending on 30 September 2020.
6
Note 2:
Under section 789GCC, the designated quarter applicable to the start
7
of 28 February 2021 is the quarter ending on 31 December 2020.
8
(3) Subsection (2) does not, by implication, prevent an agreement from
9
being terminated otherwise than under that subsection.
10
Notification of termination of agreement
11
(4) If:
12
(a) an employer of an employee and the employee have made an
13
agreement under subsection 789GJD(2); and
14
(b) the agreement will cease to have effect immediately after a
15
test time;
16
then, before the test time, the employer must give the employee a
17
written notice that explains:
18
(c) that the agreement will cease to have effect; and
19
(d) when the agreement will cease to have effect.
20
Note:
This subsection is a civil remedy provision (see Part 4-1) unless
21
subsection (5) applies.
22
(5) Section 539 (civil remedy) does not apply to a contravention by an
23
employer of subsection (4) of this section unless the employer has
24
previously contravened that subsection on one or more occasions.
25
Notification of continuation of agreement
26
(6) If:
27
(a) an employer of an employee and the employee have made an
28
agreement under subsection 789GJD(2); and
29
(b) the agreement will not cease to have effect immediately after
30
a test time;
31
then, before the test time, the employer must give the employee a
32
written notice that explains that the agreement will not cease to
33
have effect immediately after the test time.
34
Jobkeeper-related provisions of the Fair Work Act 2009
Schedule 2
General amendments
Part 2
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
21
Note:
This subsection is a civil remedy provision (see Part 4-1) unless
1
subsection (7) applies.
2
(7) Section 539 (civil remedy) does not apply to a contravention by an
3
employer of subsection (6) of this section unless the employer has
4
previously contravened that subsection on one or more occasions.
5
23 Section 789GK (note)
6
Omit "Note", substitute "Note 1".
7
24 At the end of section 789GK
8
Add:
9
Note 2:
If directions relating to reduction of hours are given by an employer to
10
the employees in a particular category, the directions may be
11
unreasonable if the directions have an unfair effect on some
12
employees in that category when compared with other employees in
13
that category who are also subject to those directions.
14
25 Subsection 789GL(1)
15
After "789GE", insert "or 789GJB".
16
26 Subsection 789GL(1)
17
After "789GF", insert "or 789GJC".
18
26A Section 789GM (at the end of the heading)
19
Add "
--employer currently entitled to jobkeeper payment for
20
employee
".
21
27 Subsection 789GM(1)
22
After "of the employer", insert "under section 789GDC, 789GE or
23
789GF".
24
28 At the end of subsection 789GM(1)
25
Add:
26
Note:
An employee organisation may be a representative of the employee.
27
29 After section 789GM
28
Insert:
29
Schedule 2
Jobkeeper-related provisions of the Fair Work Act 2009
Part 2
General amendments
22
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
789GMA Consultation--employer previously entitled to jobkeeper
1
payment for employee
2
(1) A jobkeeper enabling direction given by an employer to an
3
employee of the employer under section 789GJA, 789GJB or
4
789GJC does not apply to the employee unless:
5
(a) the employer gave the employee written notice of the
6
employer's intention to give the direction; and
7
(b) the employer did so:
8
(i) at least 7 days before the direction was given; or
9
(ii) if the employee genuinely agreed to a lesser notice
10
period--during that lesser notice period; and
11
(c) during the 7-day period ending when the direction is given,
12
the employer complied with subsections (4) to (8) in relation
13
to the direction.
14
(2) The regulations may require that a notice under paragraph (1)(a)
15
must be in a prescribed form.
16
Consultation
17
(3) During the 7-day period ending when a jobkeeper enabling
18
direction is given by an employer to an employee of the employer
19
under section 789GJA, 789GJB or 789GJC, the employee may
20
appoint a representative for the purposes of consultation in relation
21
to the direction.
22
Note:
An employee organisation may be a representative of the employee.
23
(4) If, during the 7-day period ending when a jobkeeper enabling
24
direction is given by an employer to an employee of the employer
25
under section 789GJA, 789GJB or 789GJC:
26
(a) the employee appoints a representative for the purposes of
27
consultation in relation to the direction; and
28
(b) the employee advises the employer of the identity of the
29
representative;
30
the employer must recognise the representative.
31
(5) During the 7-day period ending when a jobkeeper enabling
32
direction is given by an employer to an employee of the employer
33
under section 789GJA, 789GJB or 789GJC, the employer must
34
Jobkeeper-related provisions of the Fair Work Act 2009
Schedule 2
General amendments
Part 2
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
23
consult with the employee or the employee's representative (if
1
any).
2
(6) For the purposes of the consultation, the employer must:
3
(a) provide to the employee or the employee's representative (if
4
any) information about the proposed direction, which may,
5
for example, include any of the following:
6
(i) information about the nature of the direction;
7
(ii) information about when the direction is to take effect;
8
(iii) information about the expected effects of the direction
9
on the employee; and
10
(b) invite the employee or the employee's representative (if any)
11
to give their views about the impact of the proposed direction
12
on the employee (for example, any impact in relation to the
13
employee's family or caring responsibilities).
14
(7) However, the employer is not required to disclose confidential or
15
commercially sensitive information to the employee.
16
(8) The employer must:
17
(a) give prompt and genuine consideration to any views given
18
under paragraph (6)(b); and
19
(b) do so within the 7-day period ending when the direction is
20
given.
21
(9) If:
22
(a) a jobkeeper enabling direction is given by an employer to an
23
employee of the employer under section 789GJA, 789GJB or
24
789GJC; and
25
(b) the employer takes action under subsection (4), (5), (6) or (8)
26
in relation to the direction before the start of the 7-day period
27
ending when the direction is given;
28
then:
29
(c) the action is as valid and effective as if it had been done
30
during the 7-day period; and
31
(d) if the employee takes action under subsection (3) in relation
32
to the direction before the start of the 7-day period--the
33
action is as valid and effective as if it had been done during
34
the 7-day period.
35
Schedule 2
Jobkeeper-related provisions of the Fair Work Act 2009
Part 2
General amendments
24
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
(10) Subsections (1) to (8) do not apply to a jobkeeper enabling
1
direction (the
relevant direction
) given by an employer to an
2
employee of the employer under a particular section of this Part if:
3
(a) the employer previously complied with paragraphs (1)(a), (b)
4
and (c) and subsections (4) to (8) in relation to a proposal to
5
give the employee another direction under that section; and
6
(b) in the course of consulting the employee (or a representative
7
of the employee) about the proposal, the employee (or the
8
representative of the employee) expressed views to the
9
employer; and
10
(c) the employer considered those views in deciding to give the
11
relevant direction.
12
(11) An employer must keep a written record of a consultation:
13
(a) with an employee of the employer; or
14
(b) with a representative of an employee of the employer;
15
that is covered by paragraph (1)(c).
16
29A At the end of subsection 789GP(1)
17
Add:
18
Note:
A jobkeeper enabling direction given by an employer to an employee
19
of the employer under section 789GDC, 789GE or 789GF is
20
contingent on the employer being entitled to jobkeeper payment for
21
the employee. This means that if that entitlement ceases, the jobkeeper
22
enabling direction will cease to have effect.
23
30 After paragraph 789GP(2)(a)
24
Insert:
25
(aa) subsection 789GJE(2); and
26
30A At the end of subsection 789GP(2)
27
Add:
28
; and (c) an order made by the Federal Court under section 789GXD.
29
31 Subsection 789GP(3)
30
Omit "28 September 2020", substitute "29 March 2021".
31
32 At the end of section 789GQ
32
Add:
33
Jobkeeper-related provisions of the Fair Work Act 2009
Schedule 2
General amendments
Part 2
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
25
Note:
Under section 562, jurisdiction is conferred on the Federal Court in
1
relation to any matter arising under this Act (including compliance
2
with this section).
3
33 Subsections 789GS(1) and (2)
4
After "789GDC", insert "or 789GJA".
5
34 Paragraph 789GU(a)
6
After "789GDC", insert "or 789GJA".
7
35 Subsections 789GV(5) and (6)
8
Omit "28 September 2020", substitute "29 March 2021".
9
36 After paragraph 789GX(d)
10
Insert:
11
(da) section 789GJA;
12
(db) section 789GJB;
13
(dc) section 789GJC;
14
(dd) section 789GJD;
15
37 After section 789GXA
16
Insert:
17
789GXB 10% decline in turnover test--prohibited conduct
18
(1) An employer must not purport to give a jobkeeper enabling
19
direction under section 789GJA, 789GJB or 789GJC if, at the time
20
when the direction was given:
21
(a) the employer did not satisfy the 10% decline in turnover test
22
for the designated quarter applicable to that time; and
23
(b) the employer knew that, or was reckless as to whether, the
24
employer did not satisfy the 10% decline in turnover test for
25
the designated quarter applicable to that time.
26
Note:
This subsection is a civil remedy provision (see Part 4-1).
27
(2) An employer must not purport to give a request under
28
subsection 789GJD(1) if, at the time when the request was given:
29
(a) the employer did not satisfy the 10% decline in turnover test
30
for the designated quarter applicable to that time; and
31
Schedule 2
Jobkeeper-related provisions of the Fair Work Act 2009
Part 2
General amendments
26
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
(b) the employer knew that, or was reckless as to whether, the
1
employer did not satisfy the 10% decline in turnover test for
2
the designated quarter applicable to that time.
3
Note:
This subsection is a civil remedy provision (see Part 4-1).
4
(3) An employer must not give information to an eligible financial
5
service provider if:
6
(a) the information is given in connection with the issue of a
7
10% decline in turnover certificate that covers the employer
8
for the designated quarter applicable to a particular time; and
9
(b) the information:
10
(i) is false or misleading; or
11
(ii) omits any matter or thing without which the information
12
is misleading; and
13
(c) the employer knows that the information:
14
(i) is false or misleading; or
15
(ii) omits any matter or thing without which the information
16
is misleading.
17
Note:
This subsection is a civil remedy provision (see Part 4-1).
18
789GXC False statutory declaration
19
(1) A person must not make a false statement in a statutory declaration
20
covered by subsection 789GCD(3) if the person knows that the
21
statement is false.
22
Note:
This subsection is a civil remedy provision (see Part 4-1).
23
(2) The following laws:
24
(a) a law of the Commonwealth, other than:
25
(i) subsection (1) of this section; or
26
(ii) the remaining provisions of this Act so far as they relate
27
to subsection (1) of this section;
28
(b) a law of a State or Territory;
29
do not apply to making a false statement in a statutory declaration
30
covered by subsection 789GCD(3).
31
Jobkeeper-related provisions of the Fair Work Act 2009
Schedule 2
General amendments
Part 2
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
27
789GXD Federal Court may terminate a jobkeeper enabling
1
direction if employer does not satisfy the 10% decline in
2
turnover test
3
If:
4
(a) a jobkeeper enabling direction given by an employer to an
5
employee of the employer under section 789GJA, 789GJB or
6
789GJC is in force at a particular time; and
7
(b) the Federal Court is satisfied that the employer did not satisfy
8
the 10% decline in turnover test for the designated quarter
9
applicable to that time;
10
the Federal Court may, on application made by:
11
(c) the employee; or
12
(d) an employee organisation; or
13
(e) an inspector;
14
make either or both of the following orders:
15
(f) an order terminating the direction;
16
(g) any other order that the court considers appropriate.
17
789GXE Federal Court may terminate a subsection 789GJD(2)
18
agreement if employer does not satisfy the 10% decline in
19
turnover test
20
If:
21
(a) an agreement made by an employer and an employee of the
22
employer under subsection 789GJD(2) is in force at a
23
particular time; and
24
(b) the Federal Court is satisfied that the employer did not satisfy
25
the 10% decline in turnover test for the designated quarter
26
applicable to that time;
27
the Federal Court may, on application made by:
28
(c) the employee; or
29
(d) an employee organisation; or
30
(e) an inspector;
31
make either or both of the following orders:
32
(f) an order terminating the agreement;
33
(g) any other order that the court considers appropriate.
34
Schedule 2
Jobkeeper-related provisions of the Fair Work Act 2009
Part 2
General amendments
28
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
38 Paragraph 789GY(b)
1
After "subsection 789GG(2)", insert "or 789GJD(2)".
2
Jobkeeper-related provisions of the Fair Work Act 2009
Schedule 2
Amendments relating to paid annual leave
Part 3
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
29
Part 3--Amendments relating to paid annual leave
1
Fair Work Act 2009
2
39 Section 789GA
3
Omit:
4
This Part authorises an employer who qualifies for the jobkeeper
5
scheme and an employee to make an agreement in relation to the
6
employee taking annual leave, including at half pay.
7
40 Division 5 of Part 6-4C
8
Repeal the Division.
9
41 Subsections 789GS(3) and (4)
10
Before "subsection 789GJ(2)", insert "repealed".
11
42 Paragraph 789GX(dd)
12
Omit ";", substitute ".".
13
43 Paragraph 789GX(e)
14
Repeal the paragraph.
15
44 Paragraph 789GY(c)
16
Before "subsection 789GJ(1)", insert "repealed".
17
45 Paragraph 789GY(d)
18
Before "subsection 789GJ(2)", insert "repealed".
19
46 Transitional
--paid annual leave
20
(1)
To avoid doubt, if an employee was given a request under repealed
21
subsection 789GJ(1) of the
Fair Work Act 2009
, the employee is not
22
required to comply with the request to the extent that the request relates
23
to taking paid annual leave after the time of the repeal of Division 5 of
24
Part 6-4C of that Act by this Part.
25
Schedule 2
Jobkeeper-related provisions of the Fair Work Act 2009
Part 3
Amendments relating to paid annual leave
30
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
(2)
To avoid doubt, the repeal of Division 5 of Part 6-4C of the
Fair Work
1
Act 2009
by this Part has the effect that an agreement under
2
subsection 789GJ(2) of that Act ceases to have effect from the time of
3
the repeal.
4
(3)
To avoid doubt, if an employee was a party to an agreement under
5
repealed subsection 789GJ(2) of the
Fair Work Act 2009
, the making of
6
the agreement does not, after the time of the repeal mentioned in
7
subitem (2), affect any of the following matters:
8
(a) the period for which the employee is to work on a particular
9
day or days;
10
(b) the employee's hours of work;
11
(c) the employee's duties;
12
(d) the times when the employee is to work.
13
Jobkeeper-related provisions of the Fair Work Act 2009
Schedule 2
Miscellaneous amendments
Part 4
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
31
Part 4--Miscellaneous amendments
1
Coronavirus Economic Response Package Omnibus
2
(Measures No. 2) Act 2020
3
47 Item 9 of Schedule 1
4
Omit "5,", substitute "5A,".
5
48 Item 10 of Schedule 1
6
Before "To avoid doubt", insert "(1)".
7
49 Item 10 of Schedule 1
8
Omit "5,", substitute "5A,".
9
50 Item 10 of Schedule 1
10
Omit "789GJ(2)", substitute "789GJD(2)".
11
51 At the end of item 10 of Schedule 1
12
Add:
13
(2)
To avoid doubt, if an employee:
14
(a) was subject to a jobkeeper enabling direction under Part 6-4C
15
of the
Fair Work Act 2009
; or
16
(b) was a party to an agreement under repealed
17
subsection 789GG(2) or 789GJD(2) of the
Fair Work Act
18
2009
;
19
the giving of the direction, or the making of the agreement (as the case
20
requires) does not, after the time of the repeal mentioned in subitem (1),
21
affect any of the following matters:
22
(c) the day or days on which the employee is to work;
23
(d) the period for which the employee is to work on a particular
24
day or days;
25
(e) the employee's hours of work;
26
(f) the employee's duties;
27
(g) the place at which the employee is to work;
28
(h) the times when the employee is to work.
29
Schedule 2
Jobkeeper-related provisions of the Fair Work Act 2009
Part 4
Miscellaneous amendments
32
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
No. , 2020
Fair Work Act 2009
1
52 Subsections 789GS(1) and (2)
2
Before "section 789GDC", insert "repealed".
3
53 Paragraph 789GY(a)
4
Before "section 789GD", insert "repealed".
5
54 Paragraph 789GY(b)
6
Before "subsection 789GG(2)", insert "repealed".
7
55 Paragraph 789GY(e)
8
Before "section 789GU", insert "repealed".
9
Jobkeeper-related provisions of the Fair Work Act 2009
Schedule 2
Amendments consequential on the commencement of the Coronavirus Economic
Response Package (Payments and Benefits) Amendment Rules (No. 8) 2020
Part 5
No. , 2020
Coronavirus Economic Response Package (JobKeeper Payments)
Amendment Bill 2020
33
Part 5--Amendments consequential on the
1
commencement of the Coronavirus
2
Economic Response Package (Payments
3
and Benefits) Amendment Rules (No. 8) 2020
4
Fair Work Act 2009
5
56 Section 789GC (definition of
qualifies for the jobkeeper
6
scheme
)
7
Repeal the definition, substitute:
8
qualifies for the jobkeeper scheme
has the meaning given by
9
section 789GCA.
10
57 At the end of Division 1 of Part 6-4C
11
Add:
12
789GCA When employer qualifies for the jobkeeper scheme
13
For the purposes of this Part, an employer qualifies for the
14
jobkeeper scheme at a time if, under the jobkeeper payment rules,
15
the employer qualifies for the jobkeeper scheme for the fortnight in
16
which the time occurs.
17
58 Application
18
The amendments made by this Part apply in relation to a fortnight
19
(within the meaning of Part 6-4C of the
Fair Work Act 2009
) beginning
20
at or after the commencement of this item.
21