JOBKEEPER FACT SHEET
When will I receive the jobkeeper subsidy?
If the employer qualifies for the jobkeeper scheme and you are an eligible employee, the employer must pay the subsidy fortnightly.
How much will I receive?
If a jobkeeper payment is payable to you, the employer must pay you the greater of:
- The jobkeeper payment; and
- The amounts payable for the work you performed in the fortnight.
This includes any incentive payments, bonuses, allowances, overtime, penalty rates or leave payments.
Can my employer reduce my hourly rate of pay?
No. Your employer must pay you your normal base rate of pay worked out on an hourly basis.
Can my employer stand me down?
Yes. If your employer qualifies for the jobkeeper scheme and you are entitled to the jobkeeper payment, your employer can direct you to:
- Reduce your days of work; or
- Reduce your hours of work.
The direction only applies if you cannot be usefully employed for your normal days and hours of work because of changes to the business due to COVID19 or government initiatives to slow the transmission of COVID19 and the direction is safe.
During any period of stand down you are still entitled to:
- The jobkeeper payment; and
- The amounts payable for the work you performed in the fortnight.
You are entitled to take your accrued annual or long service leave at your ordinary rate of pay instead of being stood down. You are entitled to any public holidays that fall over a stand down period.
Can my employer change my duties?
Yes. If your employer qualifies for the jobkeeper scheme and you are entitled to the jobkeeper payment, your employer can direct you to perform any duties that are within your skills and competency. Provided the duties are safe and you have the necessary qualifications and licence (if applicable).
Can my employer change my location of work?
Yes. If your employer qualifies for the jobkeeper scheme and you are entitled to the jobkeeper payment, your employer can request your agreement to work on different days and times. If your employer makes this request, you must consider it and not unreasonably refuse the request. The agreement needs to be in writing.
This means that your employer can ask you to work more than your usual hours and days of work.
Can my employer direct me to take my annual leave?
Yes. If your employer qualifies for the jobkeeper scheme and you are entitled to the jobkeeper payment, your employer can direct you to use your accrued annual leave. You are entitled to retain 2 weeks annual leave. You must consider the request and you must not unreasonably refuse the request.
You are entitled to be paid your normal base rate of pay for the period of the leave.
What if I can’t comply with a direction about changes?
The direction cannot be unreasonable and your employer must take into account your personal circumstances. For example, if you are a parent and have kids at home, it is not reasonable for your employer to ask you to perform your job at a different location that is not near home.
What if I don’t think the direction is reasonable?
An employer cannot direct you to change the way you do your job unless your employer has information that leads it to reasonably believe that the direction is necessary to keep your job.
Does my employer have to consult with me?
Yes. The direction does not apply unless:
- The employer gave you written notice of the proposal;
- The employer gave you 3 days notice; and
- The employer consulted with you about the direction.
You are entitled to have a representative for the consultation. Resolution123 can attend the consultation as your representative. Contact us here.
All directions must be in writing.
How long does a direction last?
The direction will end on 28 September 2020 unless otherwise agreed.
Does any stand down break my service?
No, any stand down direction counts as service.
Does my leave accrual reduce during any change?
No. You are entitled to accrue leave at your usual hours and rate of pay.
What if I am made redundant during the stand down?
You are entitled redundancy pay and notice as if you were not on stand down, i.e. at your usual hours and rate of pay.
Can I work somewhere else while on stand down?
Yes. You can request:
- To work a second job;
- To do training (check out TAFE’s free courses here);
- To do professional development.
Your employer cannot unreasonably refuse the request.
What if my employer is being unreasonable?
You can commence a dispute with the Fair Work Commission. The Commission can mediate, conciliate or arbitrate the dispute.
Can I be fired if I make a complaint about a jobkeeper entitlement?
No. It is unlawful for an employer to take any adverse action against you because:
- you have a jobkeeper entitlement;
- you make a complaint about a jobkeeper entitlement;
- you don’t agree with a direction that’s given;
- you make a request for a second job or training.
If your employer takes adverse action against you or fires you because you exercised a right we have described above please contact us here. If you have been dismissed, you have 21 days to commence an unfair dismissal or general protections claim.
Want to learn more? Contact us today.
