Document ID: chunk:federal_register_of_legislation:C2022C00350:clause:1_789gdc
Version: federal_register_of_legislation:C2022C00350
Segment Type: clause
Provision Reference: sch 1 cl 789GDC
Character Range: 19289–21939

789GDC  Jobkeeper enabling stand down
 (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) when the jobkeeper enabling stand down direction was given, the employer qualified for the jobkeeper scheme; and
 (c) 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
 (d) the implementation of the jobkeeper enabling stand down direction is safe, having regard to (without limitation) the nature and spread of COVID‑19; and
 (e) the employer becomes 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;
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 789GD (which deals with satisfying the wage condition); and
 (b) the minimum payment guarantee (see section 789GDA); and
 (c) the hourly rate of pay guarantee (see section 789GDB);
but is not otherwise required to make payments to the employee in respect of the jobkeeper enabling stand down period.
 (3) The jobkeeper enabling stand down direction does not apply to the employee during a period when the employee:
 (a) is taking paid or unpaid leave that is authorised by the employer; or
 (b) is otherwise authorised to be absent from the employee's employment.
Note: An employee may take paid or unpaid leave (for example, annual leave) during all or part of a period during which the jobkeeper enabling stand down direction would otherwise apply to the employee.
 (4) For the purposes of subparagraph (1)(a)(iii), the reduced number of hours may be nil.
 (5) This section has effect despite a designated employment provision.

Division 4—Duties, location and days of work