The Fair Work Commission ("FWC") has
ruled that it was reasonable for an employer to increase hours for
jobkeeper employees. This is a significant decision because it
confirms that it may be reasonable for an employer to issue a
jobkeeper-enabling direction ("JED")
compelling its employees to work more hours than they did pre-COVID
19.
Background
The cash-in-transit industry is one of the many Australian
industries which has been hit hard by the economic crisis brought
on by the coronavirus pandemic. The respondent, Prosegur Australia
Pty Ltd ("Prosegur") a cash transit
business, is no exception. Following the downturn in business,
Prosegur took a number of measures to reduce costs, including a 20%
pay cut for senior managers, a leave reduction program and a ban on
shifts for short-term casuals. When Prosegur announced a minimum
25-hour work week for their armoured vehicle operators, the union
objected. The union brought an application to have the FWC