Document ID: chunk:federal_register_of_legislation:C2020A00081:clause:2_789gja:p1
Version: federal_register_of_legislation:C2020A00081
Segment Type: clause
Provision Reference: sch 2 cl 789GJA (pt 1/2)
Character Range: 13813–16550

789GJA  Jobkeeper enabling stand down—employer previously entitled to jobkeeper payment for employee
 (1) If:
 (a) after the commencement of this section, an employer of an employee gave the employee a direction (the jobkeeper enabling stand down direction) to:
 (i) not work on a day or days on which the employee would usually work; or
 (ii) work for a lesser period than the period which the employee would ordinarily work on a particular day or days; or
 (iii) work a reduced number of hours (compared with the employee's ordinary hours of work);
  during a period (the jobkeeper enabling stand down period); and
 (b) the jobkeeper enabling stand down direction does not require the employee to work a reduced number of hours (compared with the employee's ordinary hours of work) that is less than:
 (i) if the employee does not belong to a class of employees specified in regulations made for the purposes of subparagraph (ii)—60% of the employee's ordinary hours of work as at the start of 1 March 2020; or
 (ii) if the employee belongs to a class of employees specified in the regulations—60% of the number of ordinary hours of work ascertained in accordance with the regulations for that class; and
 (c) the jobkeeper enabling stand down direction does not require the employee to work less than 2 hours in a day; and
 (d) the employee cannot be usefully employed for the employee's normal days or hours during the jobkeeper enabling stand down period because of changes to business attributable to:
 (i) the COVID‑19 pandemic; or
 (ii) government initiatives to slow the transmission of COVID‑19; and
 (e) the implementation of the jobkeeper enabling stand down direction is safe, having regard to (without limitation) the nature and spread of COVID‑19; and
 (f) the employer is not entitled to one or more jobkeeper payments for the employee:
 (i) for a period that consists of or includes the jobkeeper enabling stand down period; or
 (ii) for periods that, when considered together, consist of or include the jobkeeper enabling stand down period; and
 (g) the jobkeeper enabling stand down period begins on or after 28 September 2020; and
 (h) the employer was entitled to a jobkeeper payment for the employee for a fortnight that ended before 28 September 2020; and
 (i) at the time when the direction was given, the employer held a 10% decline in turnover certificate that covers the employer for the designated quarter applicable to that time;
the jobkeeper enabling stand down direction is authorised by this section.
 (2) If the jobkeeper enabling stand down direction applies to the employee, then, during the jobkeeper enabling stand down period, the employer is still required to comply with:
 (a) section 323 (method