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02 September 2020

JobKeeper flexibilities extended – what employers need to know

The JobKeeper scheme has been extended to 28 March 2021 at reduced rates and with other changes to the available flexibilities for employers.

Employers need to reassess their eligibility for the JobKeeper scheme, with different flexibilities available, depending on whether an employer is a ‘qualifying’ or ‘legacy’ employer.

Introduction of the JobKeeper scheme

Additional flexibilities for employers were introduced as a response to the COVID-19 pandemic in April, allowing those who qualified for the JobKeeper scheme to give employees a number of JobKeeper enabling directions and request that they take annual leave in certain circumstances.

Details of the original JobKeeper flexibilities can be found here.

Changes to the JobKeeper scheme

The table below compares the current JobKeeper rules against the new JobKeeper rules. Those that remain the same have not been included.

[table id=31 /]


Employers should assess whether they are eligible for the new JobKeeper scheme and, if not, consider whether they would qualify for the modified flexibilities as a Legacy Employer.

It is imperative employers understand the new JobKeeper rules along with their general obligations under the various employment laws. If there is a dispute about the various matters under the JobKeeper scheme, including a JobKeeper direction, parties can apply to the Fair Work Commission.

If you need assistance with managing your workforce, please contact our workplace relations and safety team.

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This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know.

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Annie Smeaton
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