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ARTICLE · 08 SEPTEMBER 2020

Are You Ready For It? JobKeeper 2.0 And The Changes To Flexibility Under The Fair Work Act

The Coronavirus Economic Response Package (JobKeeper Payments) Amendment Act 2020 (Act) received royal assent on 3 September 2020.

AustraliaCoronavirus (COVID-19)

The Coronavirus Economic Response Package (JobKeeper Payments) Amendment Act 2020 (Act) received royal assent on 3 September 2020.

We have set out the key changes to the Fair Work Act 2009 (Cth) (FW Act) for employers below.

Legacy employers

  1. The changes allow "legacy employers" to issue JobKeeper enabling directions to eligible employees.
  2. Legacy employers are employers who received one or more JobKeeper payments prior to 28 September 2020, but do not qualify for JobKeeper payments after 28 September 2020.
  3. Legacy employers will need a certificate stating they have experienced a 10% decline in turnover in relevant quarters in 2020 (June 2020, September 2020 and December 2020) to have access to modified flexibility measures under the FW Act.

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