Document ID: chunk:federal_register_of_legislation:C2020A00081:clause:2_789gjd
Version: federal_register_of_legislation:C2020A00081
Segment Type: clause
Provision Reference: sch 2 cl 789GJD
Character Range: 20333–22849

789GJD  Days of work etc.—employer previously entitled to jobkeeper payment for employee
 (1) If:
 (a) an employer of an employee was entitled to a jobkeeper payment for the employee for a fortnight that ended before 28 September 2020; and
 (b) the employer gives the employee a request to make an agreement with the employer under subsection (2); and
 (c) if the request is made on or after 28 September 2020—the employer is not entitled to one or more jobkeeper payments for the employee; and
 (d) if the request is made before 28 September 2020—the employer will not be entitled to a jobkeeper payment for the employee for the fortnight beginning on 28 September 2020; and
 (e) at the time when the request was given, the employer held a 10% decline in turnover certificate that covers the employer for the designated quarter applicable to that time;
the employee:
 (f) must consider the request; and
 (g) must not unreasonably refuse the request.
 (2) If:
 (a) after the commencement of this section, an employer and an employee of the employer agree in writing to the employee performing duties during a period (the relevant period):
 (i) on different days; or
 (ii) at different times;
  compared with the employee's ordinary days or times of work; and
 (b) the performance of the employee's duties on those days or at those times is:
 (i) safe, having regard to (without limitation) the nature and spread of COVID‑19; and
 (ii) reasonably within the scope of the employer's business operations; and
 (c) the agreement does not have the effect of reducing the employee's number of hours of work (compared with the employee's ordinary hours of work); and
 (d) the agreement does not have the effect of requiring the employee to work less than 2 hours in a day; and
 (e) the employer is not entitled to one or more jobkeeper payments for the employee:
 (i) for a period that consists of or includes the relevant period; or
 (ii) for periods that, when considered together, consist of or include the relevant period; and
 (f) the relevant period begins on or after 28 September 2020; and
 (g) the employer was entitled to a jobkeeper payment for the employee for a fortnight that ended before 28 September 2020; and
 (h) at the time when the agreement was made, the employer held a 10% decline in turnover certificate that covers the employer for the designated quarter applicable to that time;
the agreement is authorised by this section.
 (3) This section has effect despite a designated employment provision.