27 April 2020
Introduction
This week saw the applications for the Federal Government’s JobKeeper scheme officially open. To apply, or to access more information on the JobKeeper scheme, please follow the link or visit the ATO website.
Some other key developments in the employment space this week are outlined below.
A reminder that at any time you can visit our Wellbeing and Culture page, view our webinar series, listen to our podcast channel or read the most relevant COVID-19 legal insights from across our global network.
Changes to the JobKeeper turnover test
The Federal Government have recently introduced the Coronavirus Economic Response Package (Payments and Benefits) Alternative Decline in Turnover Test Rules 2020.
This new instrument applies to provide alternative bases for an entity in a class of entities to satisfy the decline in turnover test for the purposes of receiving JobKeeper payments, when the Commissioner is satisfied that there is not a relevant comparison period for the purposes of an entity in a class of entities satisfying the decline in turnover test.
The Federal Government hopes that this instrument will keep more Australian workers in jobs through the course of the COVID-19 coronavirus disease pandemic by creating alternative decline in turnover tests for classes of entities where the relevant comparison period is not appropriate.
To access the new instrument, please follow this link.
FCA orders employer to reinstate injured worker
The Federal Court of Australia has ordered an employer to reinstate an injured worker, pending the outcome of his disability discrimination claim, so he can maintain a connection to employment and access JobKeeper payments during the COVID-19 pandemic.
Please see the full decision here.
Amendments to the Fair Work Regulations
The Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020 (Cth) commenced on Thursday, 16 April 2020.
This Regulation amends the Fair Work Regulations 2009 (Cth) to temporarily shorten the period that employees must have access to a copy of a proposed variation of an enterprise agreement, and before which employees must be notified of the details of the vote on the variation, from seven calendar days to one calendar day.
Please see a link to the new Regulation here.
Impact of COVID-19 on businesses
The Department of Education, Skills and Employment have now released the first instalment of the Impact of COVID-19 on Businesses report. This report, which is based upon a survey of more than 250 businesses, found that around 32% of COVID-19 impacted businesses have had to let staff go.
Additionally, the report noted that steps taken by businesses to respond to the pandemic include instituting new rules such as requiring staff to use hand sanitiser (68% of businesses), providing staff with equipment such as masks (48% of businesses) and reducing staff hours (45% of businesses).
Please find the full report here.
Update to Western Australia’s pay-roll tax laws
This week, Western Australia passed the Pay-Roll Tax Relief (COVID-19 Response) Bill 2020.
The new Bill, amongst other things, increases the payroll tax threshold to $1 million on 1 July 2020 and waives payroll taxes for wages paid between 1 March 2020 and 30 June 2020 for employers with Australian taxable wages of less than $7.5 million at 30 June 2020.
The new legislation is deemed to take effect from 1 March 2020, and can be found here.
New interactive guide
Now live is the second in a series of interactive guides: People: Protecting and reshaping, which explores approaches to safeguarding employees, preserving skills and protecting personal data.
New JobKeeper Navigation App — launching soon
Stay tuned for the upcoming launch of our App designed to help you understand the Federal Government’s A$130 billion JobKeeper payment scheme, determine if you are eligible to receive this payment and outline what steps you should take next.
Weekly webinar
This week’s webinar hosted by Carolyn Pugsley (Executive Partner and Joint Global Head of Practice in our Corporate team) features a panel of experts discussing the following areas:
- Market disclosure regarding COVID-19 and potential risk areas – by Timothy Stutt (Senior Associate in our Head Office Advisory team and Australian lead for our ESG practice);
- Insurance – by Guy Narburgh (Special Counsel in our Commercial Litigation team); and
- Class actions – by Christine Tran (Senior Associate in our Commercial Litigation team).
Click here to access the webinar. Next week’s webinar will focus on supply chain issues.
For further information, please contact:
Anna Creegan, Partner, Herbert Smith Freehills
