NSW Job Keeper - Made to return to work and work up to the $1500 is reached..

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Williamdunn

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3 April 2020
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Hi,

Im looking for advice on how to handle the following please,

The situation is a business with 400 people stood down 300 people leaving 100. Since the Job Keeper stimulus package has been announced the employer has advised the 300 stood down employees that it is expected that they work 2-3 days per week (based on how their hourly rate fits into the $1500) at the business doing general warehouse work/cleaning duties/repairs etc.

To say no to this will severely put you at a disadvantage when work returns to normal.

Thoughts on this?

Thanks in advance, I appreciate any input.

WD
 

Rod

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We need to see the legislation before being able to comment. Job Keeper is not law yet, but is expect to be presented to Parliament on Wednesday next week.
 

Tim W

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What @Rod said.

Bear in mind that the legislation hasn't been through Parliament yet.
So, your employer doesn't actually know any more than you do.
That said, I suggest that you can be quite confident of a couple of things....
  • FWO will not tolerate the abuse of Jobkeeper by employers
    to bring about either demotion or constructive dismissal; and

  • Until we hear otherwise, yes, this payment can be pro-rata for part time work; and

  • Yes, you will be able to be redeployed to other tasks, such as to do maintenance rather than production.
    This is part of an employer's normal prerogative.
In the meantime, you and all your workmates should join their union(s) immediately.
 

Williamdunn

Active Member
3 April 2020
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Thanks guys.

Yes I will have to wait until Wednesday to really be sure of the situation.

I just need to know if its legal for the employer to get free labour out of the employees they stood down by making them work to the exact hourly limit that makes them hit $1500 so they don't have to contribute any money?

Forcing people that were stood down to work (for free) during a global pandemic seems a bit unethical to me.

Cheers,

WD
 

Tim W

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That's not free labour.
Anything more than that, that went unpaid,
would be free labour.
 

Williamdunn

Active Member
3 April 2020
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free labour to the company I mean. The worker gets $1500 regardless of staying home or being at work.

If the hourly rate is $26 the employer would make that employee work 7x 8hr days in a 10 working day fortnight and that $1456 would be paid for by the qovt. So its free labour to the company as that 56 hours was solely paid for by the Job Keeper allowance and not a cent from the company.
 

Tim W

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No, it's not free labour.
It's (going to be ) a wage subsidy, which is not the same thing.
This money will be paid to the employer, not to you personally.
The employer will be required by law to pass it on to you, as their employee.

Labour cost will still appear in the employer's books as a cost in the usual way
(and, yes will be an allowable deduction in the usual way).
What will be different is that there will be an additonal revenue source for the employer,
which will also need to appear in the employer's books.

Frankly, where that money comes from is not your concern.
No more so than comparable money received by the business to subsidise apprenticeships, traineeships,
Defence Employer Support Programs, accessable work programs, or anything else.

Although we won't know until we see the legislation and subordinate documents,
my view (based on being a lawyer who has worked in both tax and in industrial relations),
is that the employer will only get the money if people actually work,
but not for people who stand down unpaid.

You need to understand your own position.
For example, although we do not yet know exactly how,
this thing will unfold differently for people who are directly employed (even as casuals),
compared to labour hire, compared to bona fide personal services contractors, and
compared to sole traders.

And yes, there are 100% bound to be employers who will try and abuse it.
Two things you can do about that.
First, join your union(s), now, before the dodgy stuff starts.
Take their advice, and feed them information about any abuse.
Second - start collecting emails, written messages from the bosses (and emails etc),
make notes of conversations. Your unions' lawyers will need this later as evidence.

Fair Work will not tolerate any nonsense with this, but you need material upon which to base your claims.
Start collecting it.

--------------------
PS: There area number of things which are not yet fully clear... for example...
  • is it intended that everybody gets $1500, or does it go into the business' general revenue, from which wages are in turn paid?
  • when must it start to actually be paid?
  • is it taxable under 8-1? If so, at what rate? Or is it intended to be "tax-paid in the hand of the worker" (like, say, ADFR pay is)
  • What effect does it have on compulsory employer superannuation obligations?
  • Does it form part of income for Child Support Calculations? How will revised calulations be done?
Bottom line - going by what we know right now, today, it is probably not correct to assume that everybody will be getting $1500 pf flat, free of everything.
Your boss doesn't know anything for certain yet, because I don't think even Government has worked it all out yet.
 
Last edited:

Atticus

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First, join your union(s), now, before the dodgy stuff starts.
Take their advice, and feed them information about any abuse.
Second - start collecting emails, written messages from the bosses (and emails etc),
make notes of conversations. Your unions' lawyers will need this later as evidence.

Agree .... Good advice
 

Rod

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The Gov't did announce the $1500 received by the employee will be taxable income.
 

Tim W

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And, since i wrote the above, there's now this, which has a bit more certainty about it.