COVID-19 Job Keeper Scheme Updates 08/04/2020

20 April 2020
What is the JobKeeper scheme?
The JobKeeper scheme will help employers who qualify for the JobKeeper scheme retain staff during the downturn caused by the Coronavirus pandemic and support business recovery when conditions improve. 

JobKeeper payments are payable to qualifying employers for a maximum of 13 fortnights in respect of each eligible employee on their books on 1 March 2020 who is retained by the employer. 

Qualifying employers will receive a payment (fortnightly in arrears) of $1,500 per fortnight for each eligible employee. 

Summary of the Job Keeper terms and conditions
Changes to the Fair Work Act 2009 will temporarily enable employers whom qualify for the JobKeeper allowance to have increased flexibility around employees’ hours of work. The flexibility will enable, stand down direction, performance of duties within the employees’ scope and capabilities and location of work. There will also be changes to increase the flexibility around annual leave and days and times at work.

There also obligations on the employer when implementing the above changes and they are:

  • an employer must consult the employee (or a representative of the employee) before giving a direction; 
  • directions must (among other things) not be unreasonable in all of the circumstances, and directions in relation to duties to be performed by an employee or their location of work must be supported by an employer’s reasonable belief this is necessary for the continued employment of one or more employees of the employer.
Stand Down provisions under JobKeeper are different the normal stand down provisions of the Fair Work Act 2009 and are as follows:

The employee cannot be usefully employed for their normal days or hours during the JobKeeper enabling stand down period because of changes to business attributable to the Coronavirus pandemic or government initiatives to slow Coronavirus transmission, and 

it can be implemented safely, having regard (without limitation) to the nature and spread of Coronavirus). 

Changes to business could include, for example, less patronage and the closing of stores. This one is of significance as previously you could not stand down due to a downturn in business.

Normally only 3 days’ notice needs to be given to the employee for the changes (after you have consulted with the employee) to take place and ensure a written record is kept off the consultation and direction.

The Fair Work Commission will be able to resolve disputes, including by arbitration. 

What are my payment Obligations under JobKeeper?
As an Employer you have an obligation to ensure that you meet the JobKeeper payment obligations to your employees, through ensuring the payments are made fortnightly and if the employee has performed greater hours then the JobKeeper payment covers then they must be remunerated accordingly.

If you stand down an employee as part of the JobKeeper stand down provisions you cannot reduce the employees’ hourly rate of pay, they were receiving prior to JobKeeper.

What if my employee is on paid leave during the JobKeeper period?
A JobKeeper enabling stand down direction does not apply while an employee is taking paid or unpaid leave authorised by the employer (for example, annual leave), or is otherwise authorised to be absent (for example, on a public holiday). 

How does leave accumulate during the JobKeeper period?
An employee who is subject to a JobKeeper enabling stand down direction accrues leave entitlements as if the direction had not been given, and any entitlements to redundancy pay and payment in lieu of notice of termination are to be calculated as if the direction had not been given. Normal leave accruals apply.

One important point to remember that these provisions only apply if you are receiving JobKeeper payment for your employees.
These amendments are time-limited and will automatically be repealed on 28 September 2020. 
11 February 2025
Personal super contribution and deductions
18 December 2024
Don’t let taxes dampen your holiday spirit! Just like Santa carefully checks who’s naughty or nice, businesses need to watch the tax rules when spreading Christmas cheer. Hosting festive parties for employees or clients can lead to Fringe Benefits Tax (FBT). FBT is a tax employers pay when they provide extra perks to employees, their families, or associates. It’s separate from regular income tax and is based on the value of the benefit. The FBT year runs from 1 April to 31 March, and businesses must calculate and report any FBT they owe. With a bit of planning—just like Santa’s perfect delivery route—you can celebrate while keeping your tax worries in check! FBT exemption: A little Christmas gift from the taxman The tax rules include a “minor benefit exemption”—like a small stocking stuffer. If the benefit given to each employee costs less than $300 and isn’t a regular thing, it’s exempt from Fringe Benefits Tax (FBT). Christmas parties fit perfectly here because they’re one-off events. Businesses can avoid FBT hassles if the cost per employee stays under $300. Remember: the more often you give out perks, the less likely they’ll qualify for this exemption. Thankfully, Christmas only comes once a year! Christmas parties at the office If you host your Christmas party at your business premises during a regular workday, costs like food and drinks are FBT-free, no matter how much you spend. However, you can’t claim a tax deduction or GST credits for those expenses. If employees’ family members join and the cost per person is under $300, there’s still no FBT, but again, no tax deduction or GST credits can be claimed. However, FBT will apply if the cost is over $300 per person. The good news is that you can claim both a tax deduction and GST credits in that case. FBT check for Christmas parties at the office Who attendsCost per personDoes FBT applyIncome tax deduction/Input Tax Credit available? Employees onlyUnlimitedNoNoEmployees and their familyLess than $300NoNoMore than $300YesYesClientsUnlimitedNoNo Think of it like this: at your Christmas party, the food and drinks are like Santa’s bag of gifts – no dollar limit exists for employees enjoying them on business premises. But if you add a band or other entertainment, the costs can add up quickly, and if the total cost per employee exceeds $300, FBT kicks in. Keep it under $300 per person, and you’re in the clear. Christmas parties outside the office If you hold your Christmas party at an external venue, like a restaurant or hotel, it’s FBT-free as long as the cost per employee (including their family, if they come) is under $300. But remember, you can’t claim a tax deduction or GST credits in this case. FBT will apply if the cost exceeds $300 per person, but you can claim a tax deduction and GST credits. Good news: employers don’t have to pay FBT for taxi rides to or from the workplace because there’s a special exemption. FBT check for Christmas parties outside the office Who attendsCost per personDoes FBT applyIncome tax deduction/Input Tax Credit available? Employees onlyLess than $300NoNoMore than $300YesYesEmployees and their familyLess than $300NoNoMore than $300YesYesClientsUnlimitedNoNo Clients at the Christmas party If clients attend the Christmas party, there’s no FBT on the expenses related to them, no matter where the party is held. However, you can’t claim a tax deduction or GST credits for part of the costs that apply to clients. Christmas gifts Many employers enjoy giving gifts to their employees during the festive season. If the gift costs less than $300 per person, there’s no FBT, as it’s usually not considered a fringe benefit. FBT check for Christmas gifts Who attendsCost per personDoes FBT applyIncome tax deduction/Input Tax Credit available? Entertainment giftsLess than $300NoNoMore than $300YesYesNon-entertainment giftsLess than $300NoYesMore than $300YesYes However, FBT might apply if the gift is for entertainment. Entertainment gifts include things like tickets to concerts, movies, or holidays. Non-entertainment gifts—like gift hampers, vouchers, flowers, or a bottle of wine—are usually FBT-free if under $300. So spread the festive cheer, but keep an eye on the taxman to avoid surprises!
28 November 2024
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