Changes to Fair Work, not fair work

With fairs still restricted due to the coronavirus, and the 5km radius limiting my ability to run away to the circus, focus turns in the other Fair Work.

Way back in April 2020, the JobKeeper scheme was announced to assist businesses that were significantly affected by coronavirus to keep paying their employees. At the same time the Fair Work Act was amended to give these businesses the ability to give “directions” to their employees and make agreement to help manage through. This was set to expire 27 September 2020.

On 1 September 2020, the JobKeeper provisions of the Fair Work Act were extended until 28 March 2021 with some changes. These extensions allow some businesses that no longer qualify for JobKeeper to use amended provisions after 28 September 2020.

To use these amended provisions, businesses need to get a 10% decline in turnover certificate.

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CHANGES

DOWN 30% AND ELIGIBLE FOR JOBKEEPER 2.0

The Fair Work provisions are the same as before (continued from JobKeeper 1.0). Employers are required to give staff 3 days' notice of changes.

DOWN 10% AND NOT ELIGIBLE FOR JOBKEEPER 2.0 (LEGACY EMPLOYERS)

Referred to as "Legacy Employers". Required to give no less than 2 hours consecutive hours in a day. Stand downs limited to a minimum of 60% of hours at 1 March 2020 (e.g., if you ordinarily work 40 hours, the minimum you will work is 24 hours). Legacy Employers are required to give 7 days' notice of changes.

NEITHER OF ABOVE (OR NO CERTIFICATE)

All Pre-COVID rules apply and existing provisions will automatically end on 28-Oct-20 (for JobKeeper1.0 eligible) or 28-Feb-20 (for JobKeeper 2.0 DEC20 QTR eligible)

ANNUAL LEAVE CHANGES (FOR ALL CASES ABOVE)

Existing provisions expire 28-Sep-20

TESTING PERIOD - FOR LEGACY EMPLOYERS ONLY

You must retest each quarter using JobKeeper 2.0 rules

· JUN20 QTR - to 28-Oct-20

· SEP20 QTR - to 27-Feb-21

· DEC20 QTR - after 28-Feb-21

Based on the above, compare SEP20 to SEP19, if down 10% can apply legacy provisions until 27-Feb-21.

LEGACY EMPLOYER CERTIFICATE

If you have less than 15 employees you, the employer, can self-assess or obtain a certificate. If you have over 15 employees, you must obtain a certificate from your Accountant, us. If you require a certificate or require assistance in assessing your eligibility for a certificate or JobKeeper 2.0 please contact us as soon as possible. We can confirm your eligibility based on information you provide us.

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If you want Illumin8 to assist with assessing your eligibility & enrolments for JobKeeper 2.0, please let us know