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.