Document ID: chunk:federal_register_of_legislation:C2022C00350:clause:1_789gm
Version: federal_register_of_legislation:C2022C00350
Segment Type: clause
Provision Reference: sch 1 cl 789GM
Character Range: 28248–29735

789GM  Consultation
 (1) A jobkeeper enabling direction given by an employer to an employee of the employer does not apply to the employee unless:
 (a) the employer gave the employee written notice of the employer's intention to give the direction; and
 (b) the employer did so:
 (i) at least 3 days before the direction was given; or
 (ii) if the employee genuinely agreed to a lesser notice period—during that lesser notice period; and
 (c) before giving the direction, the employer consulted the employee (or a representative of the employee) about the direction.
 (2) The regulations may require that a notice under paragraph (1)(a) must be in a prescribed form.
 (3) Subsection (1) does not apply to a jobkeeper enabling direction (the relevant direction) given by an employer to an employee of the employer under a particular section of this Part if:
 (a) the employer previously complied with paragraphs (1)(a), (b) and (c) in relation to a proposal to give the employee another direction under that section; and
 (b) in the course of consulting the employee (or a representative of the employee) about the proposal, the employee (or the representative of the employee) expressed views to the employer; and
 (c) the employer considered those views in deciding to give the relevant direction.
 (4) An employer must keep a written record of a consultation under paragraph (1)(c):
 (a) with an employee of the employer; or
 (b) with a representative of an employee of the employer.