Today I am publishing a copy of a precise extract from the Fair Work Commission’s “JobKeeper Disputes Benchbook” which deals with the protections which the JobKeeper legislation provides under the Fair Work Act.
See Fair Work Act 2009 ss.789GXA, 789GY, 789GZ and 789GZA
Part 6-4C contains a number of protections for employees.
An employer is prohibited from purporting to give a jobkeeper enabling direction if the direction is not authorised by Part 6-4C and the employer knows the direction is not authorised. This is a civil penalty provision.
Part 3-1 of the Fair Work Act prohibits an employer taking adverse action against an employee because of the employee’s workplace rights. Workplace rights under Part 6-4C include:
an employee’s benefit arising because of their employer’s obligation to satisfy the wage condition in accordance with s.789GD
an employee’s agreement or disagreement to perform duties on different days or at different times in accordance with s.789GG(2)
an employee’s agreement or disagreement to take paid annual leave in accordance with a request under s.789GJ(1), or to take annual leave at half pay in accordance with s.789GJ(2), and
an employee’s request in relation to secondary employment and training under s.789GU.
Part 6-4C operates subject to the following sections and parts of the Fair Work Act:
Division 2 of Part 2-9, which deals with payment of wages
Part 3-2, which deals with unfair dismissal
Part 3-1 (general protections) and s.772 (employment not to be terminated on certain grounds).
Part 6-4C also operates subject to:
Commonwealth, state or territory anti-discrimination law
laws that deal with health and safety obligations of employers or employees
workers’ compensation laws, and
a person’s right to be represented, or collectively represented, by an employee organisation (a union) or an employer organisation.
Giving a jobkeeper enabling direction does not amount to a redundancy.”
Other material can be accessed at the Commission web site