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JobKeeper Extension - Impact to Fair Work Act Flexibilities

Fair Work

On 1 September, 2020 the JobKeeper Scheme legislation was passed by Parliament extending the Government payments and the Fair Work Act JobKeeper Flexibilities until 28 March 2021.

Whilst the flexibilities have been extended, some changes have been made to which flexibilities have been extended and who can access different flexibilities after 28 September 2020. 

Firstly the access to the flexibilities will be categorised into two different employer categories:-

Qualifying Employers - Employers who satisfy the new decline in turnover test for payments after 28 September 2020 (yet to be formally confirmed), will have full access to the JobKeeper flexibilities. 

Legacy Employers - Employers who received payments prior to 28 September 2020 but will not qualify after 28 September 2020, however are experiencing a 10% decline in turnover, will have access to some flexibilities after 28 September 2020.

Changes to the current flexibilities include:-

JobKeeper Enabling Direction Qualifying Employer Legacy Employer
Annual leave – Request employee to take leave Not extended and due to cease to apply on 28 September 2020 Not extended and due to cease to apply on 28 September 2020
Change duties and work location Extended Extended – for employees previously in receipt of JobKeeper and direction can only take effect on or after 28 September 2020
Change to days and hours of work Extended Extended – for employees previously in receipt of JobKeeper however direction can not result in less than 2 consecutive hours of work on any day and must take effect on or after 28 September 2020
Stand down Extended Extended – for employees previously in receipt of JobKeeper and employee hours can only be reduced to a minimum of 60% of the hours assessed for that employee on 1 March 2020 and not result in less than 2 consecutive hours of work on any day.
Payments JobKeeper Payments or wages to be paid fortnightly whichever is the greater No JobKeeper payments
Stand Down Employees requesting secondary employment, training or professional development Extended Extended
Enabling Direction Notice provisions 3 days written notice 7 days written notice


All other rules regarding reasonableness continue to apply.

Should you require assistance with understanding your obligations please contact us at [email protected] or 1300 720 004. 

Information in HR Advice Online guides and blog posts is meant purely for educational discussion of human resources issues. It contains only general information about human resources matters and due to factors such as government legislation changes, may not be up-to-date at the time of reading. It is not legal advice and should not be treated as such.

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