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We recently published an article detailing the changes to the JobKeeper payment and the extension announced by the Federal government: https://tanglaw.com.au/jobkeeper-payment-eligibility/

Due to the increased lockdown measures in Victoria forcing several industries to cease working, on 7 August 2020 the Treasurer Josh Frydenberg announced additional changes to the JobKeeper payment.  We provide the following update on these changes.

The changes include moving the relevant date of employment for employees and changing the employer’s eligibility requirements for the JobKeeper extension. The relaxation of the eligibility requirements means more support to employers and their workers.

Employer eligibility

Under the previous guidelines, a business would have needed to record an actual GST turnover loss for the June, September and December quarters of this year to be eligible for the JobKeeper extension.

The new changes for employer eligibility are:

• From 28 September 2020, eligibility will be determined by assessing actual GST turnover in the September quarter, 2020 only;
• From 4 January 2021, eligibility will be determined by assessing actual GST turnover in the December quarter, 2020 only.

Employee eligibility

From 3 August 2020 the relevant date of employment moved from 1 March 2020 until 1 July 2020, meaning an employee who was employed before 1 July 2020 will be eligible for the JobKeeper payment provided their employer is eligible. This includes:

• casuals who have been with their employers on a regular and systematic basis and have achieved 12 months service by 1 July 2020; and
• employees who hold a permanent visa or a Special Category (Subclass 444) visa as at 1 July 2020.

Further information can be found at: www.ato.gov.au/General/JobKeeperPayment/Employers/.

If you require specific advice concerning the interaction between the Fair Work Act 2009 and the JobKeeper Payment program, please contact us at [email protected].