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Extension of JobKeeper provisions in the Fair Work Act

Updated: Sep 16, 2020

A quick update for you on important changes that may impact your access to Jobkeeper 2.0. If your business qualified for the first round of JobKeeper, but you no longer satisfy the 30% decline in turnover test to qualify for Jokeeper 2.0, you may be able to access temporary Fair Work Act provisions for a further six months if your business is experiencing a 10% decline in turnover. Update: On 1 September 2020, legislation to extend the JobKeeper scheme passed Parliament. As part of this, the JobKeeper provisions in the Fair Work Act were extended with some changes. The extended provisions take effect from 28 September 2020 and apply until 29 March 2021. These temporary changes are intended to support the implementation and operation of the JobKeeper scheme in Australian workplaces. These changes include being able to reduce employees’ ordinary hours by 40% of the hours they worked before the pandemic struck, and give them directions in relation to duties and location of work. What are the Changes? Under the extended provisions, qualifying employers who are receiving JobKeeper payments for their employees (and continue receiving them after 27 September 2020), can continue using the JobKeeper provisions to:

  • give their employees JobKeeper enabling stand down directions (for example, a direction to work less or no hours)

  • give their employees JobKeeper enabling directions (for example, a direction to change duties or work location)

  • make agreements with their employees to change their days or times of work (for example, an agreement that an employee will work on different days).

How do I Qualify? In order to qualify, a business must obtain a 10% decline in turnover certificate from a registered BAS agent, tax agent, tax (financial) adviser; or qualified accountant.

There is an exception for small businesses with fewer than 15 employees, who will be able to provide a statutory declaration to attest to the 10% decline.

The 10% decline in turnover test periods will align with BAS lodgement dates for each completed quarter.

What Should I do Next? If you are an East Coast BBS client, we will be in touch if you qualify for these changes and provide you with your decline in turnover certificate if required. If you are not a current client and have any questions or need help in understanding these recent changes, please contact the East Coast BBS office on 02 4402 8913 or email info@eastcoastbbs.com.au.


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