Coronavirus Economic Response Package (Jobkeeper Payments) Amendment Act 2020 (81 of 2020)

Schedule 2   Jobkeeper-related provisions of the Fair Work Act 2009

Part 2   General amendments

Fair Work Act 2009

37   After section 789GXA

Insert:

789GXB 10% decline in turnover test - prohibited conduct

(1) An employer must not purport to give a jobkeeper enabling direction under section 789GJA, 789GJB or 789GJC if, at the time when the direction was given:

(a) the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time; and

(b) the employer knew that, or was reckless as to whether, the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time.

Note: This subsection is a civil remedy provision (see Part 4-1).

(2) An employer must not purport to give a request under subsection 789GJD(1) if, at the time when the request was given:

(a) the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time; and

(b) the employer knew that, or was reckless as to whether, the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time.

Note: This subsection is a civil remedy provision (see Part 4-1).

(3) An employer must not give information to an eligible financial service provider if:

(a) the information is given in connection with the issue of a 10% decline in turnover certificate that covers the employer for the designated quarter applicable to a particular time; and

(b) the information:

(i) is false or misleading; or

(ii) omits any matter or thing without which the information is misleading; and

(c) the employer knows that the information:

(i) is false or misleading; or

(ii) omits any matter or thing without which the information is misleading.

Note: This subsection is a civil remedy provision (see Part 4-1).

789GXC False statutory declaration

(1) A person must not make a false statement in a statutory declaration covered by subsection 789GCD(3) if the person knows that the statement is false.

Note: This subsection is a civil remedy provision (see Part 4-1).

(2) The following laws:

(a) a law of the Commonwealth, other than:

(i) subsection (1) of this section; or

(ii) the remaining provisions of this Act so far as they relate to subsection (1) of this section;

(b) a law of a State or Territory;

do not apply to making a false statement in a statutory declaration covered by subsection 789GCD(3).

789GXD Federal Court may terminate a jobkeeper enabling direction if employer does not satisfy the 10% decline in turnover test

If:

(a) a jobkeeper enabling direction given by an employer to an employee of the employer under section 789GJA, 789GJB or 789GJC is in force at a particular time; and

(b) the Federal Court is satisfied that the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time;

the Federal Court may, on application made by:

(c) the employee; or

(d) an employee organisation; or

(e) an inspector;

make either or both of the following orders:

(f) an order terminating the direction;

(g) any other order that the court considers appropriate.

789GXE Federal Court may terminate a subsection 789GJD(2) agreement if employer does not satisfy the 10% decline in turnover test

If:

(a) an agreement made by an employer and an employee of the employer under subsection 789GJD(2) is in force at a particular time; and

(b) the Federal Court is satisfied that the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time;

the Federal Court may, on application made by:

(c) the employee; or

(d) an employee organisation; or

(e) an inspector;

make either or both of the following orders:

(f) an order terminating the agreement;

(g) any other order that the court considers appropriate.