Fair Work Commission Receives Hundreds of JobKeeper Dispute Applications

The Fair Work Commission (FWC) has received more than 200 JobKeeper dispute applications over the past few weeks as workplaces grapple with changes to the Fair Work Act 2009 that occurred in early April. See related article here.

Fair Work Commission President, Justice Ross, said that, as at 7 May 2020, 212 JobKeeper dispute applications had been received by the FWC.  Most (approximately 75%) fell outside of the FWC’s jurisdiction.  Of the 25% of applications that were within the FWC’s jurisdiction:

• 41% relate to a dispute about a JobKeeper enabling stand down direction
• 12% relate to a dispute about a direction about duties of work
• 9% relate to a dispute about a direction about location of work
• 65% relate to a dispute about a request to make an agreement about changes to days or times of work
• 12% relate to a dispute about agreement to take annual leave (see Note)
• 5% relate to a dispute about a request for secondary employment or training etc

Seven per cent of cases lodged have been settled, 33% are currently open, and approximately 60% have been withdrawn.  In approximately 90% of all cases, applicants have been self-represented.

Read Justice Ross’ statement here.

NOTE: As from 28 September 2020 onwards, section 789GJ (Taking paid annual leave) of the Act is repealed and cannot be relied upon by an employer. This means, it is no longer possible for an employer to request an eligible employee take a period of annual leave in accordance with section 789GJ, even if the employer is continuing to participate in the JobKeeper scheme beyond 28 September and receiving the JobKeeper wage subsidy payment in relation to that worker.