The JobKeeper Payment is a wage subsidy designed to support workers and businesses during the COVID-19 crisis. Under JobKeeper, registered employers receive fortnightly payments for each eligible worker. This payment is to cover the cost of wages and keep workers employed during the crisis.
The Federal Government introduced JobKeeper after a hard-fought campaign from the Australian union movement. Thanks to this campaigning effort, millions of workers have stayed employed despite the economic impact of the COVID-19 crisis. Moving forward, JobKeeper needs to be extended and expanded to include workers excluded from the scheme. The Australian union movement continues to fight to keep people in work and keep money in the hands of the working people.
What businesses are eligible for JobKeeper?
The JobKeeper Payment scheme aims to support businesses and not-for-profits that have been significantly impacted by the COVID-19 crisis.
As of 28 September 2020, the following employers are eligible for JobKeeper:
- Eligibility will be based on actual GST turnover in the September quarter 2020 to be eligible from 28 Sept 2020 – 3 Jan 2021
- Eligibility will be based on actual GST turnover in the December quarter 2020 to be eligible from 4 January 2020 – 28 March 2021
- Eligibility will be based on the following decline in GST turnover:
- A 50 per cent decline of turnover for those with aggregated turnover of more than $1 billion
- A 30 per cent decline of turnover for those with an aggregated turnover of $1 billion or less
- A 15 per cent decline of turnover for Australian Charities and Not for profits Commission-registered charities (excluding schools and universities)
Some businesses are not eligible for JobKeeper. These are:
- Any banking institution that was subject to the Major Banking Levy Act 2017
- Government agencies, local government bodies or entities wholly owned by entities of those types
- Companies which have had liquidators or provisional liquidators appointed.
Which workers are eligible for JobKeeper?
Once an employer has registered for JobKeeper, they must pass on the payment to all eligible workers.
To receive JobKeeper payment after 28 September 2020, you must be:
- Currently employed by an eligible employer (including if you were stood down or re- hired)
- A full-time, part-time or fixed-term employee at 1 July 2020; or
- A long-term casual employee (employed on a regular and systematic basis for at least 12 months) as at 1 July 2020 and not a permanent employee of any other employer
- Were aged 18 years or older at 1 July 2020 (if you were 16 or 17 you can also qualify if you are independent or not undertaking full time study)
- Either:
- an Australian resident (within the meaning of the Social Security Act 1991); or
- An Australian resident for the purpose of the Income Tax Assessment Act 1936 and the holder of a Subclass 444 (Special Category) visa as at 1 March 2020.
- Not receiving any of the following payments during the JobKeeper fortnight:
- government parental leave or Dad and partner pay under the Paid Parental Leave Act 2010; or
- a payment in accordance with Australian worker compensation law for an individual's total incapacity for work.
As well as changes to eligibility, payment amounts changed on 28 September. The rate has been reduced and a lower payment rate has been introduced for those who work fewer hours.
To be eligible for JobKeeper, you must:
- Be employed on 1 March 2020. (casuals only: must have been employed for 12 months on a regular and systematic basis as of 1 March)
- Be 16 years or older as of 1 March 2020
- Be an Australian citizen, the holder of a permanent visa, or a Special Category (Subclass 444) Visa Holder (New Zealand) at 1 March 2020
- Be employed at some point during a “JobKeeper Fortnight” (any fortnight beginning with the fortnight on 30 March 2020).
Under the current scheme, the following workers are not eligible for JobKeeper:
- Casuals with less than 12 months experience
- Temporary visa workers (except for Subclass 444 for New Zealanders)
- Workers receiving parental leave pay
- Workers who are totally incapacitated and receiving workers compensation.
Chat to your union or the Australian Unions Support Centre if you have any questions about your JobKeeper eligibility.
What do I get paid under JobKeeper?
From 28 September 2020 to 3 January 2021, the JobKeeper Payment rates are divided into two tiers:
Tier 1
- $1,200 per fortnight for all eligible employees who were working in the business or not- for-profit for 20 hours or more a week on average in the four weeks of pay periods before either 1 March 2020 or 1 July 2020, and for eligible business participants who were actively engaged in the business for 20 hours or more per week on average; and
Tier 2
- $750 per fortnight for other eligible employees and business participants.
Superannuation is only paid for hours worked. For example, if you received $1000 for work performed in a fortnight and received a further $200 to meet the $1200 minimum for tier 1 workers, you would receive superannuation on the $1000 only.
Annual leave accrues as normal when you are receiving JobKeeper payments, even if you have been stood down from work.
From 4 January 2021 to 28 March 2021, the JobKeeper Payment rates will be:
- Tier 1 - $1,000 per fortnight for all eligible employees who were working in the business or not- for-profit for 20 hours or more a week on average in the four weeks of pay periods before either 1 March 2020 or 1 July 2020, and for business participants who were actively engaged in the business for 20 hours or more per week on average; and
- Tier 2 - $650 per fortnight for other eligible employees and business participants.
Chat to your union or the Australian Unions Support Centre if you have any concerns about your pay under JobKeeper.
How do I get paid under JobKeeper?
Once your employer has registered for JobKeeper with the ATO, they will receive $1,200 per fortnight for every eligible Tier 1 worker, or $750 per fortnight for every eligible Tier 2 worker. Your employer must then pay all eligible workers the higher of:
- $1,200 (Tier 1) or $750 (Tier 2) before tax per fortnight or
- Their normal earnings for the fortnight (for work actually performed)
The difference between JobKeeper and JobSeeker
JobKeeper is a different payment to JobSeeker. The JobSeeker payment is a payment for people seeking employment. You can apply for JobSeeker payments if you have been let go from your employer or if you are a sole trader, self-employed, casual or contract worker who has experienced economic downturn due to COVID-19. Unlike JobKeeper, you must meet an income test to qualify for JobSeeker. Details can be found on the Australian Government Services Australia site.
JobKeeper and your worker’s rights
The JobKeeper scheme was introduced to combat the damaging effect of the COVID-19 crisis on businesses and workers. As part of the scheme, temporary provisions were made under the Fair Work Act. These started on 9 April 2020 and apply until 29 March 2021.
Under these provisions, the powers of some employers have been temporarily changed. An employer who qualifies for the JobKeeper scheme may be able to:
- Stand down an employee (including reducing an employee’s hours or days of work)
- Change an employee’s usual duties
- Change an employee’s location of work.
A qualifying employer can also make an agreement with an eligible employee to work on different days or during different times. But to do this, the employer must make sure the changes are safe, reasonable and doesn’t reduce the employee’s hours overall (unless it is a stand down direction).
Chat to your union or the Australian Unions Support Centre if you have any questions about changes to your employment under the JobKeeper scheme.
What are legacy employers?
Some employers may not qualify for the JobKeeper scheme but are permitted to access JobKeeper provisions under the Fair Work Act – these employers are call ‘legacy employers’. To qualify as a legacy employer, the employer must:
- Have previously participated in the JobKeeper scheme but are no longer eligible AND
- Demonstrate a minimum 10% decline in turnover for a relevant quarter - they must get a certificate from an eligible financial service provider to prove this or make a statutory declaration if they are a small business.
Legacy employers can use JobKeeper provisions with employees who were entitled to a JobKeeper payment for a fortnight prior to 28 September 2020. Under the temporary provisions, a legacy employer may be able to:
- Stand down an employee (including reducing an employee’s hours or days of work)
- Change an employee’s usual duties
- Change and employee’s location of work.
- Change the days and hours of an employee’s work.
Any direction given under a JobKeeper provision must be safe and reasonable. Contact your union or the Australian Unions Support Centre if you have any questions about changes to your employment under the JobKeeper scheme.
Funding for this factsheet was provided by the Victorian Government as part of the uTech project. Please note that the information given here is general information only and is not legal advice. For further assistance, it is recommended you speak to your union.