Temporary Changes to the Fair Work Act

On 8 April 2020 the Australian Parliament passed amendments to the Fair Work Act 2009 in response to the COVID-19 pandemic. The amendments apply immediately but will be automatically repealed on 28 September 2020.

Changes that apply ONLY to employers and employees eligible for the JobKeeper scheme

It is important to note that these changes only apply if both the employer and the affected employee are participating in the JobKeeper scheme. Some JobKeeper eligible employers may have employees who are not participants (e.g. casuals who had not been engaged on a regular and systematic basis for at least 12 months prior to 1 March 2020, employees who do not meet citizenship / residency requirements, etc.). In that case, these changes do not apply to those employees.

The new arrangements enable an employer to:

  • stand down an employee without pay (completely or partially) for any period that they cannot be usefully employed – the employee must still receive the JobKeeper payment of $1,500 per fortnight
  • change employment arrangements (such as what they do, where they work and when they work) for a specific employee
  • direct an employee to take paid annual leave.

These directions can only be made when a number of strict conditions have been met.

Please go here for detailed information. These are complex changes and it is important that you read the detailed information to ensure they are implemented correctly.

Please contact the Member Support Infoline on (02) 4782 1470 or 1800 991 602 (option 2) if you need further information and support.

00 991 602 (option 2) if you need further information and support.