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ARTICLE · 18 MAY 2020

COVID-19: First JobKeeper decision clarifies annual leave request

The Fair Work Commission has handed down its first decision dealing with a dispute arising under the JobKeeper scheme.

AustraliaCoronavirus (COVID-19)

In McCreedy v Village Roadshow Theme Parks Pty Ltd [2020] FWC 2480, the Fair Work Commission handed down its first decision dealing with a dispute arising under the JobKeeper scheme.

The applicant, Ms McCreedy, had been employed by Village Roadshow Theme Parks Pty Ltd (Village Roadshow) on a part time basis, working around 15 hours over two days each week for approximately 22 years. During that time, Ms McCreedy had accrued approximately 9.3 weeks of annual leave and 8.6 weeks of long service leave.

As a result of COVID-19, Village Roadshow was no longer able to operate its theme parks and Ms McCreedy was stood down and issued with a JobKeeper enabling direction to not attend work. During this time, Ms McCreedy became eligible to receive the JobKeeper payment. As a result, she started to receive $750 per week in JobKeeper payments which was well in excess of her usual weekly take-home pay of $375.

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For further information please contact:

Michael Byrnes, Partner
Phone: + 61 2 9233 5544
Email: [email protected]

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