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

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
If I was this employer I would not be applying for Jobkeeper

Then the employer may not be able to stand down the employees and may have to pay redundancy. Stand-downs are not commonly supported in awards and enterprise agreements.

"You are certainly allowed to make them work for their $1,500 per fortnight but it must be at their already established hourly rate and means you will have to pay super. Note you have to pay those 300 employees job keeper or not receive job keeper for the 100 that are working (one in all in). If you can't afford to pay the 300 that are stood down their $1,500 a week then you have to sack them in order to qualify for the job keeper for the 100 that are working"

WRONG. This is why you do not go to accountants for legal advice!

Employer has to pay 2 rounds of jobkeeper before they have been advised anytime from 4 May they qualify or receive any payments.

$3,000 x 300 employees is a lot.

And this is part of the reason why the Gov't is telling the bank to ease off on enforcement of loans. The delay is only because it takes time to process a few hundred thousand applications. I expect fraud and compliance issues to rise in the next six months as a result of this rush of applications.
 

WiserNow

Well-Known Member
10 September 2014
113
16
454
Thanks for your contribution re the accountant's info being WRONG. Be interested in hearing what was wrong.

The accountant is giving information on jobkeeper payments and how it is working. This is certainly in their area of expertise.
 
Last edited:

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
JobKeeper does not affect other employments terms, just the terms impacted by JobKeper. A business cannot just 'sack' 300 workers, they have to be made redundant or use some other clause in the appropriate award or EA.

A redundancy payout for 300 workers may well exceed the amount in normal wages during the delay in receipt of JobKeeper payments.

I haven't looked at the timing of payments. I am currently unclear if a stand-down notice made under JobKeeper allows the employer to stop all payments if the employee is NOT working until they receive money from the Gov't. If the employee does work, they have to be paid.
 

WiserNow

Well-Known Member
10 September 2014
113
16
454
business cannot just 'sack' 300 workers, they have to be made redundant or use some other clause in the appropriate award or EA.
Think this goes without saying... a business cannot just 'sack' workers... I don't feel the accountant meant this when they used the word 'sack'

ATO article in regards to payments and timing:-
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
ATO article in regards to payments and timing

OK, so employer has to pay a minimum of $1,500/ft to be eligible. Employer pays first, then receives compensation.

If the employer does not pay, they do not receive compensation.
 

WiserNow

Well-Known Member
10 September 2014
113
16
454
OK, so employer has to pay a minimum of $1,500/ft to be eligible. Employer pays first, then receives compensation.

If the employer does not pay, they do not receive compensation.
Might be the accountant's area of expertise this one ;-)
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
You have to a have a certain level of masochistic tendencies to want to deal with the ATO on a regular basis :)
 

asx

Active Member
24 April 2020
7
0
31
And keep in mind the employer needs to qualify for jobkeeper before issuing jobkeeper stand-down notices.

I am in the same situation as this guy. My hours has been reduced to fit the $1500 per fortnight.
Can I refuse to participate in jobkeeper? and if I do, does the employer have the right to reduce my hours?? I read somewhere that they cannot reduce hours unless employee agree to participate in jobkeeper. please advise.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
1. Can I refuse to participate in jobkeeper?
2. and if I do, does the employer have the right to reduce my hours??

1. Yes
2. Depends. Your current award/EA/contract determines what happens.

Note: You can still be made redundant.
 
  • Like
Reactions: asx