NAT 083/20: COVID-19: UPDATED ADVICE - Extension of the Fair Work Act provisions which support the operation of the JobKeeper scheme:

Legislative amendments have been made to extend the operation of the shortterm provisions in Part 6-4C (Coronavirus economic response) of the Fair Work Act 2009 (FW Act). These provisions enable employers to issue certain JobKeeper enabling directions to employees and reach certain agreements with employees, to support the practical operation of the JobKeeper scheme.

Under the Coronavirus Economic Response Package (Jobkeeper Payments) Amendment Act 2020, which amends Part 6-4C of the FW Act, different provisions apply to:

1. Employers who qualify for the JobKeeper 2.0 scheme (which operates from 28 September 2020 until 28 March 2021); and
2. Employers who qualified for the original JobKeeper scheme (which operates until 27 September 2020) but do not qualify for the JobKeeper 2.0 scheme, and who have experienced a decline in turnover of 10% or more

On 17 September 2020, amendments were made to the Fair Work Regulations 2009 clarifying the relevant hours of work for certain employees of the second category of employers above.