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The FWC has advised that the Fair Work Act 2009 has been temporarily varied to insert new a new Part 6-4C to help employers who qualify for the JobKeeper payment to deal with the economic impact of the coronavirus (COVID-19).
The Coronavirus economic response provisions in Part 6-4C of the Fair Work Act 2009 temporarily enable employers who qualify for the JobKeeper payment to give an employee a ‘JobKeeper enabling direction’.
This legislation will temporarily amend the Fair Work Act to enable employers, in certain circumstances, to:
- make temporary and partial stand downs
- alter an employee’s usual duties and locations of work
- alter an employee’s days and times of work, and
- request that an employee take paid annual leave, including at half pay.
The Fair Work Commission’s primary role is to deal with disputes about JobKeeper enabling directions or flexibility agreements. We are empowered to deal with the dispute by mediation or conciliation, making a recommendation or expressing an opinion, or arbitration.
To support this new jurisdiction, the FWC has established:
- a new application form, Form F13A – Application for the Commission to deal with a JobKeeper dispute (coronavirus economic response)
- case management workflows, including triaging, vetting and allocation processes, to enable applications to be dealt with quickly and efficiently
- educative material on our website to help employees and employers navigate the dispute process, and
- training materials for our helpline staff to allow them to respond to public enquiries.
Find out more
For more information about the Coronavirus economic response provisions in the Fair Work Act, please see the JobKeeper disputes – coronavirus economic response page on the FWC website.
The FWC will also continue to update the Coronavirus (COVID-19) updates & advice page; and advises that to find out more about measures taken to restrict gatherings and non-essential business, and support for businesses, please read the latest Information note – Government responses to COVID-19 pandemic (PDF).