Many automotive employers in Queensland are ineligible for JobKeeper 2.0.

There are a few changes for employers who intend on relying on being defined as Legacy employers.

A legacy employer is one that received one or more JobKeeper payments prior to 28 September 2020, who no longer qualifies for a payment after 28 September 2020.

While their revenue has increased, they need to have at least a 10% decline in turnover to be a legacy employer, with a certificate from their Accountant.

A legacy employer will have the authority to:

• change an employee’s location of work
• change the duties to be performed by an employee
• change an employee’s working days or work times to no less than 60% of the employee’s ordinary hours as at 01 March 2020 and not less than 2 consecutive hours in a day Employees (or their representative) must be consulted about any proposed changes. Also not change to the hourly rate of pay

No longer can the employer direct annual leave to be taken as is was under Job Keeper 1.0.

Employees must then be given a written direction of the changes with at least 7 days’ notice or a lesser period if the employee genuinely agrees.  JobKeeper enabling directions or agreements that legacy employers already have in place end on 27 September 2020. They will need to reissue or make new directions and agreements using information on the available template letter.

For more information please call MTAQs Workplace Relations Advisors, or go to www.coronvirus.fairwork.gov.au

To determine if you meet the 10% decline in turnover test each quarter go to https://www.ato.gov.au/General/JobKeeper-Payment/In-detail/Actual-decline-in-turnover-test/