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The Government has amended the Fair Work Act to enable employers to temporarily vary work arrangements for employees receiving the JobKeeper payment in order to keep people employed. These amendments cease on 28 September 2020.
If an employee cannot be usefully employed for his or her normal days or hours because of changes to business attributable to COVID 19 or the employer believes the changes are necessary to continue the employment of its employees, an employer can direct an employee to, amongst other things:
There are also provisions covering agreeing to take annual leave at full or half pay.
Employees do not have to comply with a direction if it is unreasonable.
Consultation and notice obligations apply to the Employer. Also, an employer must pay the correct amount for the work undertaken.
The temporary changes to the Fair Work Act do not remove or diminish existing protections under the Fair Work Act from unfair dismissal or discrimination.