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ARTICLE · 22 JULY 2020

Reducing Full-time Hours While Increasing Part-time Hours In A JobKeeper Enabling Stand Down Direction Deemed Unreasonable

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Stand down direction that disproportionately & unfairly affects one category of employee over another is unfair & unreasonable.

AustraliaEmployment and HR
Michael Selinger
Michael Selinger
Megan Cant
Megan Cant
Clare Giugni
Clare Giugni
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The Full Bench of the Fair Work Commission has, in a recent decision, determined that a JobKeeper enabling stand down direction which "disproportionately and unfairly affects one category of employee over another" was unfair and unreasonable and therefore unenforceable1.

Background

Temporary amendments to the Fair Work Act 2009 (Fair Work Act) permit employers who are participating in the JobKeeper scheme to direct their employees to work a reduced number of hours provided that the direction is not "unreasonable in all of the circumstances."

On 3 June 2020, Prosegur Australia Pty Limited (Prosegur) issued the JobKeeper enabling stand down direction (Direction) that formed the centre of this dispute. The effect of the Direction was to temporarily change the normal working hours of Prosegur's full-time, part-time and long-term regular casual employees to an equal 25 hours per week for each employee in order to best utilise the JobKeeper wage subsidy.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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