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ARTICLE · 15 MAY 2020

Employment Law Update: JobKeeper and the Fair Work Act

Businesses now have the time to carefully consider the employment law implications of the JobKeeper payment subsidy.

AustraliaCoronavirus (COVID-19)

So now that the pressure is off slightly with the JobKeeper registration deadline having been extended until 31 May, businesses will have the time to carefully consider not just the relevant financial, taxation and payroll issues, but also the employment law implications.

The 31 May deadline is for businesses who wish to apply for the first three fortnights of the JobKeeper subsidy, and businesses must ensure they have made the relevant payments to employees on or before 8 May for those fortnights.

On 9 April 2020, several changes were made to the Fair Work Act 2009 (Cth) to specifically provide more flexibility to employers and employees receiving JobKeeper. These businesses are both eligible for JobKeeper and a national system employer, and in relation to their employees, are both eligible for JobKeeper and a national system employee. These changes do not apply to State system employers and their employees (even if they are eligible for JobKeeper).

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