Updated September 24
JobKeeper Payment Scheme
The JobKeeper Payment Scheme is a wage subsidy operated by the ATO, which is paid to Businesses, Sole Traders, Businesses Without Employees, Not for Profits and Charities.
The Australian Government has announced huge changes to this scheme as a result of the stage 4 restrictions in Victoria and continuing economic impacts of COVID-19.
As a result, we've created a JobKeeper guide that summarises all the changes in a clear and concise way. Hopefully you find it helpful!
Guide to the Jobkeeper Scheme Changes – A Fair Work Focus
The implementation of the JobkeepKer scheme earlier this year has been the lifeline that employers and employees needed to assist with the relentless economic impacts of COVID-19.
As the initial period was set to expire on 28 September 2020, the Federal Government has passed the Coronavirus Economic Response Package (JobKeeper Payments) Amendment Bill 2020 which will have the effect of extending JobKeeper until 28 March 2021.
In addition, the bill extends the temporary JobKeeper provisions in the Fair Work Act with respect to:
- qualifying employers (who remain in JobKeeper) will retain access to the full range of temporary provisions (other than for annual leave payments);
- legacy employers who suffer at least a 10% decline in turnover will retain access to modified measures provided they have previously been eligible for the JobKeeper scheme.
New JobKeeper Rules Released on the 15th September
The Treasurer yesterday released the legislative instrument that sets out the details of the new JobKeeper rates and eligibility conditions which apply from 28 September 2020 until 28 March 2021.
Business Turnover Tests
- JobKeeper 2.0 requires the satisfaction of two turnover tests. They must pass the original decline in turnover test and the new test.
Original Decline in Turnover Test
Projected decline in turnover in relation to any of the following:
- A calendar month that ends after 30 March 2020 and before 1 January 2021
- The quarter ended on 30 June 2020, September 2020 or 31 December 2020
*Note that an entity that is already participating in the JobKeeper scheme has already met this test.
Projected decline in turnover in relation to any of the following:
- A calendar month that ends after 30 March 2020 and before 1 January 2021
The quarter ended on 30 June 2020, September 2020 or 31 December 2020*Note that an entity that is already participating in the JobKeeper scheme has already met this test.
New Decline in Turnover Test
Actual turnover decline September 2020 quarter versus September 2019 quarter
Actual turnover decline December 2020 quarter versus December 2019 quarter.
- From 28 September 2020, businesses and not-for-profits will be required to reassess their eligibility with reference to their actual GST turnover in the September quarter 2020 to be eligible for the JobKeeper Payment from 28 September 2020 to 3 January 2021.
- From 4 January 2021, businesses and not-for-profits will need to demonstrate that they have met the relevant decline in turnover test with reference to their actual GST turnover in the December quarter 2020 to be eligible for the JobKeeper Payment from 4 January 2021 to 28 March 2021.
- Required turnover drops
- 50% for those with an aggregated turnover of more than $1 billion
- 30 per cent for those with an aggregated turnover of $1 billion or less
- 15 per cent for Australian Charities and Not for profits Commission-registered charities (excluding schools and universities).
Alternative Test and Modifications to Original Decline in Turnover Test
- Existing powers to specify an alternative decline in turnover test and the modified test for certain group structures apply.
- If an alternative test is used it can only be used in calculating the current GST turnover for the relevant comparison period that is a quarter (as opposed to JobKeeper 1.0 where it could be for one month).
- Existing Tests
- The entity commenced business after the relevant comparison period (the business did not exist in that period) but not on or after 1 March 2020.
- The entity acquired or disposed of part of the business after the relevant comparison period (the business is not the same business in that period as it is now).
- The entity undertook a restructure after the relevant comparison period (the business is not the same business in that period as it is now).
- The entity’s turnover substantially increased by
- 50% or more in the 12 months immediately before the applicable turnover test period, or
- 25% or more in the 6 months immediately before the applicable turnover test period, or
- 12.5% or more in the 3 months immediately before the applicable turnover test period.
- The entity was affected by drought or other declared natural disaster during the relevant comparison period.
- The entity has a large irregular variance in their turnover for the quarters ending in the 12 months before the applicable turnover test period, excluding entities that have cyclical or regular seasonal variance in their turnover, or
- The entity is a sole trader or small partnership where sickness, injury or leave have impacted an individual’s ability to work which has affected turnover.
- Examples (at the bottom of content)
- Example 1: An entity that starts to participate in the JobKeeper scheme for JobKeeper fortnights beginning on or after 28 September 2020
- Example 2: Requalifying for the JobKeeper scheme during the JobKeeper extension period
- Example 3: Employer first qualifies for the JobKeeper scheme for JobKeeper fortnights beginning on 4 January 2021
Rates
Higher payment rate: 80 hours or more in reference period
$1,200 per fortnight
$1,000 per fortnight
Lower payment rate: Less than 80 hours in reference period
$750 per fortnight
$650 per fortnight
Which Rate For Employees?
- The rate depends on how many hours the employee worked during the reference period. The reference period for employees is the 28 days ending at the end of the pay cycle that finished immediately before 1 March 2020 or 1 July 2020.
- If they worked 80 hours or more, they receive the higher rate.
- The hours include actual hours worked, and any hours for which the employee received paid leave, including annual, long service, sick, carers and other forms of paid leave, or paid absence for public holidays.
- If the pay cycle for the employee is longer than 28 days, a pro rata proportion of the total hours of work, paid leave and paid absence on public holidays of the employee in the pay cycle is to be used.
Which Rate for Eligible Business Participants?
- The test to determine which rate to apply will instead be based on the assessment of the hours that the business participant was actively operating the business or undertaking specific tasks in business development and planning, regulatory compliance or similar activities in an applicable reference period.
- The reference period for business participants will be February 2020.
- The eligible business participant must make a declaration in the approved form to the entity that their total hours of active engagement are 80 hours or more.
- A Sole trader must make a declaration in the approved form to the ATO that their total hours of active engagement are 80 hours or more.
- Failure to provide a declaration that active engagement was 80 hours or more will result in the eligible business participant receiving the lower rate.
Discretion to Specify Alternative Reference Periods
- The Commissioner has the discretion to specify alternative reference periods for the following scenarios for employees that:
- worked less hours in the reference period despite generally working on average 80 hours or more over earlier periods so that the hours worked in the reference period were not typical of their established work pattern;
- have taken some form of unpaid leave or unpaid absence during part or all of the reference period making it not representative of their usual work hours in earlier periods (for example, they were receiving parental leave pay, dad or partner pay, workers compensation or emergency service leave during the bushfires);
- were only employed for a part of the reference period (for example, because they commenced employment during the reference period); or
- were not employed at any time during the reference period (for example, an employee who commenced employment after the reference period but is still an eligible employee because they were treated as having been employed on 1 March 2020 or 1 July 2020 because of the change in business rule
Commissioner Determination
- Alternative Reference Period:
- Only where 4 weeks in Feb or July doesn’t work for an employee or the month of Feb doesn’t work for an eligible business participant – ‘is not suitable’
Employees
If an employee’s total hours (including work, paid leave and paid absence on a public holiday) was
- Less than 80 hours: and
- when compared to earlier 28 day periods ending at the end of a pay cycle for the employee, was not representative of the employee’s total number of hours the employee usually worked in a 28 day period (all contained within one month)
The employee took various types of unpaid leave during the standard reference period (being Feb/June) such as sick leave, parental leave and emergency services leave during bushfires. The employee’s hours during the standard reference period (Feb/June) were affected due to the employer conducting business or some business in a declared drought zone or declared natural disaster zone.Total hours worked by an employee during the standard reference period varies due to rostering schedules such as fly-in-fly-out employees.The employee worked less hours in the standard reference period (Feb/June) but would generally work on average 80 hours or more over earlier periods.
The comparison can be made to an earlier 28 day period, being:
- earlier 28-day periods ending at the end of a normal pay cycle and
- the entity reasonably establishing the employee’s usual hours over an established work pattern.
The assessment can be with regard to a single earlier 28 day period or multiple comparable 28 day periods (all of which end at the end of a pay cycle). Eg. where the total number of hours worked by an employee varies due to rostering schedules there may be no single earlier 28-day period that is representative of the employee’s usual hours. As such, an average of the hours worked over the employee’s rostering schedule and proportionally adjusted over 28 days can be used to work out a typical 28-day period.
Were not employed during all or part of the reference period
The employee started with the employer in mid-February 2020.
For pay cycles less than 28 days (weekly or fortnightly pay runs) the alternate reference period is the first 28 day period, ending on or after 1 March 2020 or 1 July 2020, that wholly occurs during consecutive pay cycles.For pay cycles of 28 days or more (e.g. monthly), the alternative reference period is the first 28-day period, ending on or after 1 March 2020 or 1 July 2020, that wholly occurs during a pay cycle. For employees stood down part way through the first28-day period, the alternative reference period is the first 28 day period starting on the first day of a pay cycle on or after 1 March 2020 or on or after 1 July 2020 in which they were not stood down.
Their employment started on or before 1 March 2020 or 1 July 2020 but their first pay cycle ended on or after 1 March 2020 or 1 July 2020
Started in the last week of June, don’t have the 28 days to check or the last week of February so don’t have a full 28 day period to check.
For pay cycles less than 28 days (weekly or fortnightly pay runs) the alternate reference period is the first 28 day period, ending on or after 1 March 2020 or 1 July 2020, that wholly occurs during consecutive pay cycles.For pay cycles of 28 days or more (e.g. monthly), the alternative reference period is the first 28-day period, ending on or after 1 March 2020 or 1 July 2020, that wholly occurs during a pay cycle. For employees stood down part way through the first 28-day period, the alternative reference period is the first 28 day period starting on the first day of a pay cycle on or after 1 March 2020 or on or after 1 July 2020 in which they were not stood down.
The employee is from a business changing hands or transferred in a wholly-owned group
Employee works in business A but in February the business changed hands.Employee works in business A but transfers to business B in February which is part of the same wholly-owned group.
While the rules deem that employee to have been employed at 1 March or 1 July for the purposes of eligibility, this doesn’t apply for this part. The alternative reference period is limited to the time after the employee began working either after the business changed hands or after they began in the second business.For pay cycles less than 28 days (weekly or fortnightly pay runs) the alternate reference period is the first 28 day period, ending on or after 1 March 2020 or 1 July 2020, that wholly occurs during consecutive pay cycles.For pay cycles of 28 days or more (e.g. monthly), the alternative reference period is the first 28-day period, ending on or after 1 March 2020 or 1 July 2020, that wholly occurs during a pay cycle. For employees stood down part way through the first 28-day period, the alternative reference period is the first 28 day period starting on the first day of a pay cycle on or after 1 March 2020 or on or after 1 July 2020 in which they were not stood down.
Eligible Business Participants
If an eligible business participant total number of hours were not representative of a typical 29 day period.The eligible business participant was actively engaged in the business in February 2020
- For less than 80 hours and
- When compared to earlier 29 day periods (each wholly within a calendar month), was not representative of what the participant’s total number of hours would be typically.
The eligible business participant was absent through sickness in February 2020, causing that month not to be representative of a typical month. In this case the alternative reference period would be the most recent month in which they were not sick.
The comparison can be made to an earlier 29 day period, being:
- earlier 29-day periods ending within a calendar month and
- the entity reasonably establishing the participant’s usual hours over an established work pattern.
The assessment can be with regard to a single earlier 29 day period or multiple comparable 29 day periods (all of which end at the end of a pay cycle). Eg. where the total number of hours worked by the participant varies due to rostering schedules there may be no single earlier 29-day period that is representative of the participant’s usual hours. As such, an average of the hours worked over the employee’s rostering schedule and proportionally adjusted over 29 days can be used to work out a typical 29-day period.
The eligiblebusiness participant commenced participation in February 2020
The participant became a director of a company or a beneficiary of a trust after 1 February 2020 and before 1 March 2020
The alternative reference period is the 29-day period starting on the day the individual first began to satisfy the business participation requirementfor the entity (doesn’t have to be within a calendar month)
The eligible business participant is in a business affected by drought or other natural disaster.
The business was in a bushfire area impacted during February 2020.
The reference period would be the most recent 29-day period ending before 1 March 2020, during which the entity did no conduct business or some of its business in a declared drought zone or declared natural disaster zone.
FAQ
- My employee was on leave for the reference period, how do I work out their hours? Their hours include actual hours worked, and any hours for which the employee received paid leave, including annual, long service, sick, carers and other forms of paid leave, or paid absence for public holidays.
- My employee worked more than 80 hours in the February reference period but only 40 hours in the July reference period, which one do I use? If the employee worked in both reference periods you can choose the higher amount of hours.
- How do I work out the hours for an eligible business participant? For eligible business participants, the test to determine which rate to apply will instead be based on the assessment of the hours that the business participant was actively operating the business or undertaking specific tasks in business development and planning, regulatory compliance or similar activities in an applicable reference period. The reference period for business participants will be February 2020.
Examples (at the bottom of content)
- Example 4: Working out hours over the reference periods
- Example 5: Working out hours for employees on monthly pay cycle
Rate when employee hours not readily ascertainable
- The Commissioner has determined specific circumstances in which the higher rate will apply.
- Classes of individuals
- The employee does not have any record of the hours in a reference period; or
- Has incomplete records of those hours in a reference period
- This includes individuals paid salary, wages, commission, bonus or allowances that are not tied to an hourly rate or contracted rate, where there are no (or incomplete) records of the relevant hours.
- The Commissioner has identified three tests in which the higher rate will apply (only one test has to be satisfied)
- Test 1 - $1,500 or more in salary, wages and commission during the defined fortnight
- Test 2 If a written industrial award, employment contract or similar instrument government the employment relationship and under that agreement an employee was required to work 80 hours or more in a reference period (including paid leave and paid absence on public holidays)
- Test 3 – If it can be determined based on reasonable assumptions that an employee’s hours in a reference period were 80 hours or more (including paid leave and paid absence on public holidays). Must be based on verifiable information.
Administration/Reporting Requirements
- The existing forecast and actual monthly reporting requirements for entities regarding turnover continue to apply.
- The employer must notify the Commissioner in the approved form as to whether the higher or lower rate applies to the individual. Entities who fail to notify the commissioner of the relevant rate for employees will fail to qualify for the JobKeeper payments until a valid notification is made.
- Entities will also be required to notify their employees whether they qualify for the higher or lower rate within seven days of notifying the commissioner.
Examples
Example 1: An entity that starts to participate in the JobKeeper scheme for JobKeeper fortnights beginning on or after 28 September 2020
TWC Inc. did not participate in the JobKeeper scheme for JobKeeper fortnights between 30 March 2020 and 27 September 2020. This is because TWC Inc. did not expect to have a substantial decline in turnover during the original duration of the scheme and as such did not elect to participate in the scheme.
However, TWC Inc. experienced a decline in its turnover over August and September 2020 at a higher rate than it expected. On 25 September 2020, TWC Inc. realised that this decline was large enough for it to participate in the JobKeeper scheme extension. For JobKeeper fortnights beginning on or after 28 September 2020, TWC Inc. determines that it has met:
- the original decline in turnover test – TWC Inc.’s decline in projected GST turnover for the quarter ending on 30 September 2020, is greater than the required 30%; and
- the new actual decline in turnover test – TWC Inc. experienced an actual decline in turnover for the quarter ending on 30 September 2020 that was greater than the required 30% rate.
Subject to meeting all other qualifying requirements (including notification and election requirements) and eligibility conditions for its employees, TWC Inc. qualifies for the JobKeeper payment for the JobKeeper fortnights beginning on and after 28 September 2020. However, TWC Inc. cannot qualify for JobKeeper payments for JobKeeper fortnights between 30 March 2020 and 27 September 2020 because it had not previously elected to participate in the scheme.
For JobKeeper fortnights beginning on or after 4 January 2021, TWC Inc. will need to test its actual decline in turnover with reference to the quarter ending 31 December 2020 to determine if it continues to qualify for JobKeeper payments.
Example 2: Requalifying for the JobKeeper scheme during the JobKeeper extension period
Tom Enterprises had been receiving JobKeeper payments since the commencement of the JobKeeper scheme in respect of six of its employees, from the JobKeeper fortnight beginning 30 March 2020. However, Tom Enterprises did not remain a qualifying entity for the JobKeeper extension for JobKeeper fortnights beginning on and after 28 September 2020 because it did not meet the actual decline in turnover requirements for the quarter ending 30 September 2020 by the required percentage.
Tom Enterprises assesses in early January 2021 that it had a 45 per cent decline in turnover for the quarter ended 31 December 2020 compared to the relevant comparison period (which is the corresponding quarter in 2019) and therefore satisfies the actual decline in turnover test for JobKeeper fortnights beginning on and after 4 January 2021. As Tom Enterprises has previously participated in the JobKeeper scheme, it does not need to specifically retest its qualification based on the original decline in turnover test (Tom Enterprises would have met this requirement previously).
Having previously qualified, Tom Enterprises does not need to notify the Commissioner that it elects to participate in the JobKeeper scheme again. However, Tom Enterprises must meet all other qualifying requirements, including the wage condition, and the new notification requirements to the Commissioner and employees regarding the rate of JobKeeper payment that applies to Tom Enterprises in respect of each the employees (these are discussed below).
Example 3: Employer first qualifies for the JobKeeper scheme for JobKeeper fortnights beginning on 4 January 2021
PXLB Enterprises has not been receiving JobKeeper payments because its business has not been significantly affected by COVID-19. However, during the December 2020 quarter the business experiences a significant decline in turnover related to COVID-19 impacts.
PXLB Enterprises determines in early January 2021 that it has had a sufficient decline in turnover to satisfy the original decline in turnover test determined by reference to its turnover for the December 2020 quarter. PXLB Enterprises also satisfies the actual decline in turnover test based on the reduction in its turnover for the same December 2020 quarter.
Accordingly, PXLB Enterprises must notify the Commissioner that it elects to participate in the JobKeeper scheme and must meet all other qualifying requirements, including the wage condition, and the notification requirements to the Commissioner and employees regarding the rate of JobKeeper payment that applies to PXLB Enterprises in respect of each the employees (these are discussed below).
Example 4: Working out hours over the reference periods
Emma has been employed by a bus company on a permanent part-time basis as a bus driver since 2010. Her standard working hours prior to the impact of COVID-19 were 15 hours per week but most weeks she worked some further paid hours at her employer’s request depending on the availability of other company drivers. The pay cycles of the bus company occur fortnightly and end on Fridays.
To determine the rate of JobKeeper payment the bus company can receive in respect of Emma as an eligible employee for JobKeeper fortnights beginning on or after 28 September 2020, the bus company considers which of the reference periods for Emma is most beneficial:
- Using the 28 day period ending at the end of the most recent pay cycle before 1 March 2020 – the relevant pay cycle fortnights are from 1 February 2020 until 14 February 2020; and 15 February 2020 until 28 February 2020. During this 4 week period, Emma worked 15 hours in week 1, 22 hours in week 2, 18 hours in week 3 and in week 4 she did not work and took 15 hours of annual leave. Emma’s hours of work and paid leave in this reference period total 70 hours.
- Using the 28 day period ending at the end of the most recent pay cycle before 1 July 2020 – the relevant pay cycle fortnights are from 23 May 2020 until 5 June 2020; and 6 June 2020 until 19 June 2020. During this 4 week period, Emma worked 15 hours in week 1, 20 hours in week 2, 10 hours in week 3, and 10 hours in week 4. Emma’s hours for work in this reference period total 55 hours.
Under the two reference periods, the bus company qualifies for JobKeeper payments in respect of Emma based on the most beneficial reference period. This is the 28 day period at the end of the most recent pay cycle before 1 March 2020. However, the hours Emma worked under this reference period still falls short of the required 80 hour threshold for the higher rate of JobKeeper payments.
As Emma’s employer continues to be eligible for the JobKeeper scheme because the company’s actual turnover has declined by 55 per cent in the quarter ending 30 September 2020, the company is entitled to receive the JobKeeper payment. The company receives the lower rate of $750 per fortnight in respect of Emma for the JobKeeper fortnights beginning on or after 28 September 2020 and ending on or before 3 January 2021.
For the JobKeeper fortnight beginning on 28 September 2020, Emma worked 30 hours a week for both weeks. Although the bus company pays Emma remuneration that exceeds $750 for the fortnight, the bus company is only entitled to claim the lower JobKeeper rate of $750 for that JobKeeper fortnight in respect of Emma by reference to the JobKeeper rate calculated based on her hours worked in the reference period.
The bus company will need to undertake a further test of its actual decline in turnover for the quarter ending 31 December 2020 to work out if it qualifies for JobKeeper payments for JobKeeper fortnights starting on or after 4 January 2021. If the bus company qualifies for JobKeeper payments for this later period, it can receive the lower JobKeeper rate of $650 a fortnight in respect of Emma if it meets the wage condition, and Emma remains an eligible employee.
Where the relevant pay cycle for an employee is longer than the 28 day reference period (such as a monthly pay cycle) then a pro-rated calculation is used to determine the applicable hours of the longer pay cycle that are attributable to the 28 day period.
Example 5: Working out hours for employees on monthly pay cycle
Employees of Lai Industries Inc. are paid on a monthly pay cycle that ends on the 15th of each month. Antonio has been a permanent employee of the company since 2006.
To determine the rate of JobKeeper payment Lai Industries Inc. can receive in respect of Antonio as an eligible employee for JobKeeper fortnights beginning on or after 28 September 2020, Lai Industries Inc. considers which of the reference periods for Antonio is most beneficial:
- Using 28 day period ending at the end of the most recent pay cycle before 1 March 2020 – the relevant pay cycle is from 16 January 2020 until 15 February 2020 (31 days). During this period, Antonio worked for 85 hours and took 80 hours of combined annual and long service leave. For the purposes of the JobKeeper payment, Antonio’s hours of work (pro-rated) for this reference period is just over 149 hours, worked out as follows: 28/31 x (80 + 85) hours = approx. 149 hours.
- Using the 28 day period ending at the end of the most recent pay cycle before 1 July 2020 – the relevant pay cycle is from 16 May 2020 until 15 June 2020 (31 days). During this period, due to the impacts of COVID-19, Antonio only worked for 85 hours. For the purposes of the JobKeeper payment, Antonio’s hours of work (pro-rated) for this reference periods is 76.8 hours, worked out as follows: 28/31 x 85 hours.
Lai Industries Inc. qualifies for JobKeeper payments in respect of Antonio based on the most beneficial reference period, which is the 28 day period at the end of the most recent pay cycle before 1 March 2020. Under the hours worked for this reference period, Antonio meets the required 80 hour threshold for the higher rate of JobKeeper payments.
Accordingly, Antonio’s employer is entitled to the higher JobKeeper payment rate in respect of Antonio for JobKeeper fortnights beginning on or after 28 September 2020 provided that the other conditions are met.
Alternative Decline in Turnover Tests
Two Decline in Turnover Tests
- Forecast a drop of 30% for a calendar month that ends after 30 March 2020 and before 1 January 2021 or the quarter ended on 30 June 2020, September 2020 or 31 December 2020. (You can still do this test on either a month basis or a quarter basis).
- An actual decline in turnover for the quarter ended 30 September 2020 (for eligibility 28/9/20-4/1/21) or the quarter ended 31 December 2020 (for eligibility 5/1/21-28/3/21). (There is no monthly test basis available for this test, you must use the quarter basis).
Alternative Decline in Turnover Test Rules
Available to entities where there is not an appropriate relevant comparison period in 2019.
- Businesses that started after the comparison period
- Businesses that acquired or disposed part of the business
- A business restructure changed the entity’s turnover
- Businesses that had a substantial increase in turnover
- Businesses that were affected by drought or natural disaster
- Businesses that have irregular turnover
- Sole traders and partnerships that experienced sickness, injury or leave during the comparable period.
Examples of Alternative Decline in Turnover Tests
- Example1 – New to Business and bushfire affected
- Example 2 – New to Business
- Example 3 – New to Business
- Example 4 – New to Business and bushfire affected months are the only months before 1 March 2020 since commencement
- Example 5 – Disposal or acquisition
- Example 6 – Restructure
- Example 7 – Substantial increase in turnover
- Example 8 – Irregular turnover
- Example 9 – Sole trader or small partnership with sickness, injury or leave
GST Turnover
- If an entity is registered for GST, it needs to calculate current GST turnover using the same accounting method that is used for GST reporting purposes.
Entity Commenced Business after the RelevantComparison Period in 2019
- The business commenced after 1 July 2019 (or after 1 October 2019 if looking atDecember quarter) but before 1 March 2020. (Note that a business commencing is different to an entity ‘existing’).
- Only applies to an entity that was not operating any business. It does not apply to an entity that was operating one or more businesses and commenced a new additional business.
- Tests (you only need to pass one)
- Compare the entity’s current GST turnover for the turnover test period (September 2020Quarter or December 2020 Quarter) with the average monthly current GST turnover since the entity commenced business multiplied by three.
- The average monthly current GST turnover is:
- Compare the entity’s current GST turnover for the turnover test period (September 2020Quarter or December 2020 Quarter) with the average monthly current GST turnover since the entity commenced business multiplied by three.
- The average monthly current GST turnover is:
- Compare the entity’s current GST turnover for the turnover test period with the average monthly currently GST turnover with the GST turnover of the 3 months immediately before 1 March 2020.
- Note if the entity qualified for the ATO’s Bushfires 2019–20 lodgement and payment deferrals, then the entity may exclude the calendar months covered by theBushfires 2019–20 lodgement and payment deferrals from the calculation, unless those are the only months since the entity commenced the business, or
- ReceivedDrought Help concessions, then the entity may exclude the months covered by theDrought Help concessions from the calculation, unless those are the only months since the entity commenced the business.
Entity Acquired or Disposed of Part of their Business Test
- The acquisition or disposal occurred at or after the start of the relevant comparison period in 2019 (1 July 2019 or 1 October 2019)
- Results in the business not being the same business and as a result is not comparable to the relevant comparison period
- Compare the entity’s current GST turnover for the applicable turnover test with the current GST turnover for the month after the month in which the disposal, acquisition or restructure occurred. This will ensure the entity’s current GST turnover is compared with the current GST turnover of the entity’s new business setting once these disposals, acquisitions or restructures have occurred. If there is no whole month after the last acquisition, disposal or restructure, and before the applicable turnover test period, then the month immediately before the applicable turnover test period is used.
- Previously if the entity had multiple acquisitions, disposals and restructures you had to use the period after the last of the sequential transactions. This requirement has been removed.
- Where an entity has had multiple acquisitions, disposals or a sequence of restructure transactions at or after the start of the relevant comparison period but before the applicable turnover test period, the entity may apply these tests to each acquisition, disposal or restructure separately.
Entity Restructured Business Test
- An entity has restructured part or all of their business at, or after, the start of the relevant comparison period in 2019, including more than one restructure, and that restructure, or restructures, changed the entity’s current GST turnover.
- Compare the entity’s current GST turnover for the applicable turnover test with the current GST turnover for the month after the month in which the disposal, acquisition or restructure occurred. This will ensure the entity’s current GST turnover is compared with the current GST turnover of the entity’s new business setting once these disposals, acquisitions or restructures have occurred. If there is no whole month after the last acquisition, disposal or restructure, and before the applicable turnover test period, then the month immediately before the applicable turnover test period is used.
- Previously if the entity had multiple acquisitions, disposals and restructures you had to use the period after the last of the sequential transactions. This requirement has been removed.
- Where an entity has had multiple acquisitions, disposals or a sequence of restructure transactions at or after the start of the relevant comparison period but before the applicable turnover test period, the entity may apply these tests to each acquisition, disposal or restructure separately.
Substantial Increase in Turnover Test
- The business is undergoing rapid growth as such the business is not comparable to the business as it was in the relevant comparison period in 2019.
- Original Rules – check if there was an increase in turnover of at least 50%, 25% or 12.5% in the 12, 6 or 3 months immediately before the test period
- New Rules – same as above plus you have the option to test if there was an increase in turnover of at least 50%, 25% or 12.5% in the 12, 6 or 3 months before 1 March 2020
- Step 1 Test - To test an entity’s increase in current GST turnover in the 12 months before 1 March 2020, the entity compares their current GST turnover for the month of February 2019 with their current GST turnover from the month of February 2020. To test for an increase in the 6 months and 3 months before 1 March 2020 the entity compares their current GST turnover for February 2020 against their current GST turnover for the months of August 2019 and November 2019, respectively.
- Step 2 Test Compare the current GST turnover (either Sept 2020 Quarter or Dec 2020 Quarter) with the average current GST turnover from the 3 months immediately prior to the test period (June 2020 Quarter or September 2020 Quarter) OR the three months immediately prior to 1 March 2020 (being 1 December 2019 – 29 February 2020).
Irregular Turnover Test
- An entity has an irregular current GST turnover that is not cyclical, such as can occur in the building and construction sector.
- An entity with a cyclical turnover (for example the snowfields) such as an entity that operates a seasonal business which generates most of its turnover at a particular time of year has an appropriate relevant comparison period – a cyclical turnover is within the usual business setting. Entities that have cyclical turnover cannot use this test.
- Entities that have a large irregular variance in their current GST turnover for the consecutive 3-month periods in the 12 months before the applicable turnover test period or before 1 March 2020. Where an entity has large irregular variance in their current GST turnover, the relevant comparison period in 2019 is outside the ordinary business setting and hence not appropriate.
- Consistent with the substantial increase in turnover test, entities can use the period immediately before the applicable turnover test period or before 1 March 2020.
- Compare the entity’s current GST turnover (Sept 2020 Quarter or Dec 2020 Quarter) for the applicable turnover test period with the average current GST turnover from the 12 months immediately before the applicable turnover test period or 1 March 2020.
- Original Rules – check whether the entity’s lowest turnover quarter was no more than 50 per cent of the highest turnover quarter for the quarters ending in the 12 months immediately before the applicable turnover test period
- New Rules - look at whether the entity’s current GST turnover for any consecutive three-month period before the applicable test period or 1 March 2020 is no more than 50 per cent of the highest of the entity’s current GST turnover for any other of those three-month periods
Drought or Other Natural Disaster Affected Business
- An entity has been affected by a drought or other natural disaster in the relevant comparison period in 2019. As such the relevant comparison period in 2019 is not appropriate.
- Compare the entity’s current GST turnover (or projected GST turnover) for the applicable turnover test period with the current GST turnover for the same period in the year immediately preceding the year when the drought or natural disaster was declared rather than 2019.
- For the purposes of this test, a declared drought zone includes an area subject to a formal declaration of drought by a Commonwealth, State, Territory or local government agency. It also includes an area for which there has been a public identification or acknowledgment that the area is drought affected by such an agency
- For example, the following public information sources provide declarations, acknowledgments, statistics, maps and other guidance as to what are declared drought zones and drought affected areas for the purposes of this test:
- the National Drought Map
- Australian Government Bureau of Meteorology Monthly Drought Statements, maps, rainfall and rainfall deficiency statistics
- in Queensland – the drought situation map
- in NSW – the Combined Drought Indicator map, and
- in South Australia – the Drought Affected Areas map.
Adjustments to the Alternative Tests (Drought and other Natural Disasters)
- Entities qualified for the ATO’s Bushfires 2019–20 lodgement and payment deferrals.
- The months affected by the bushfires can be excluded from the calculation of turnover on the assumption the entities had a decline in turnover from the bushfires, and inclusion of those months would unfairly reduce the turnover with which the projected or current GST turnover for the turnover test period is compared; unless there are no other appropriate months, or
- Entities that received Drought Help concessions provided by the ATO.
- The months affected by the drought can be excluded from the calculation of turnover on the assumption they had a decline in turnover from the drought already, and inclusion of those months would unfairly reduce the turnover with which the projected or current GST turnover for the turnover test period is compared, unless there are no other appropriate months
Sole Trader or Small Partnership with Sickness, Injury or Leave
- The sole trader or one of the partners did not work for all or part of the relevant comparison period because they were sick, injured or on leave during the relevant comparison period and those circumstances affects the current GST turnover of the sole trader or partnership.
- The sole trader or partner would normally work in the business generating turnover so them being away results in the relevant comparison period in 2019 not being appropriate.
- This test does not apply to those with employees.
- If the relevant comparison period is a quarter, the entity multiplies the current GST turnover for the month immediately before the month in which the sole trader or partner did not work due to sickness, injury or leave by three and uses that figure instead of the comparison turnover.
- New Rules - The revised test now uses the current GST turnover for the month immediately before the month in which the sole trader or partner did not work, rather than the turnover for the month immediately after the month in which they returned to work
Example 1 – New to Business and bushfire affected
- The Berry Fresh Enterprise Company (BFEC) was affected by the January 2020 bushfires. The ATO’s Bushfires 2019–20 lodgement and payment deferrals applied to BFEC because it was in one of the identified affected postcodes. The deferrals were available from 1 January 2020 to 1 March 2020.
- The relevant comparison period is not appropriate because BFEC began operating on 1 October 2019. BFEC assesses its eligibility for JobKeeper payments based on a current GST turnover for the quarter ending 30 September 2020 of $7 million.
- The following monthly current GST turnovers have been recorded by BFEC: Month Current GST Turnover recorded by BFEC
October 2019
$4 million
November 2019
$5 million
December 2019
$3 million
January 2020
$1 million
February 2020
$2 million
- BFEC applies the first alternative test. The average monthly current GST turnover figure for these months is $4 million (this figure excludes the months of 1 January 2020 to 2 March 2020 because the ATO’s Bushfires 2019–20 lodgement and payment deferrals applied to BFEC during this time and BFEC has chosen to exclude these months from the calculation).
- BFEC multiplies the $4 million by three to get $12 million and compares this with the current GST turnover for the quarter ending 30 September 2020 of $7 million.
- BFEC finds that its current GST turnover for the quarter ending 30 September 2020 falls short of the figure worked out using the first alternative test by $5 million, which is greater than 30%. The alternative decline in turnover test is satisfied.
Example 2 – New to Business
- On 3 October 2019, the Enterprise Company (TEC) was incorporated and commenced business and hence, the relevant comparison period is not available. The Enterprise Company (TEC) assesses its eligibility for JobKeeper payments based on a current GST turnover for the quarter ending 30 September 2020 of $8.5 million.
- The following monthly current GST turnovers have been recorded by TEC:
November 2019
$4 million
December 2019
$6 million
January 2020
$2 million
February 2020
$2 million
- TEC applies the first alternative test.
- The average monthly current GST turnover figure for these months is $3.5 million.
- TEC multiplies the $3.5 million by three to get $10.5 million and compares this with the current GST turnover for the quarter ending 30 September 2020 of $8.5 million.
- TEC finds that its current GST turnover for the quarter ending 30 September 2020 falls short of the figure worked out using the first alternative test by $2 million, which is less than 30%.
- The first alternative decline in turnover test is not satisfied.
- TEC also uses the second alternative test.
- The 3 months’ current GST turnover figure for these months is $10 million.
- TEC compares this with the current GST turnover for the quarter ending 30 September 2020 of $8.5 million.
- TEC finds that its current GST turnover for the quarter ending 30 September 2020 falls short of the figure worked out using the second alternative test by $1.5 million, which is less than 30%.
- The second alternative decline in turnover test is not satisfied.
Example 3 – New to Business
- On 6 November 2019, the Creative Enterprise Company (CEC) was incorporated and commenced business. As such, the relevant comparison period is not available.
- The Creative Enterprise Company (CEC) assesses its eligibility for JobKeeper payments based on a current GST turnover for the quarter ending 30 September 2020 of $5 million.
- The following monthly current GST turnovers have been recorded by CEC during the 3-month period immediately before 1 March 2020:
December 2019
$3 million
January 2020
$3 million
February 2020
$3 million
- CEC applies the second alternative test.
- The 3 months’ current GST turnover is $9 million.
- CEC compares this with the current GST turnover for the quarter ending 30 September 2020 of $5 million and finds that its current GST turnover for the quarter ending 30 September 2020 falls short of the figure worked out using the second alternative test by more than 30%.
- The second alternative decline in turnover test is satisfied.
Example 4 – New to Business and bushfire affected months are the only months before 1 March 2020 since commencement
- On 1 December 2019 the Citrus Orange Enterprise Company (COEC) was incorporated and commenced business and hence the relevant comparison period is not available.
- It was affected by the December 2019 – January 2020 bushfires. The COEC qualified for the ATO’s Bushfires 2019– 20 lodgement and payment deferrals for the period 1 December 2019 to 1 March 2020 because it is in one of the identified affected postcodes.
- The COEC assesses its eligibility for JobKeeper payments based on a current GST turnover for the quarter ending 30 September 2020 of $2 million.
- The following monthly current GST turnovers have been recorded by COEC:
January 2020
$1 million
February 2020
$2 million
- COEC applies the first test. For the purposes of calculating the average monthly current GST turnover, the months which the ATO’s Bushfires 2019-2020 lodgement and payment deferrals were available to COEC have to be included because they are the only months since COEC commenced business.
- The average monthly current GST turnover figure for these months is $1.5 million.
- COEC multiplies the $1.5 million by three to get $4.5 million and compares this to the current GST turnover for the quarter ending 30 September 2020 of $2 million.
- COEC finds that its current GST turnover for the quarter ending 30 September 2020 falls short of the figure worked out using the first alternative test by $2.5 million, which is greater than 30%.
- The alternative decline in turnover test is satisfied.
Example 5 – Disposal or acquisition
- In December 2019, First Co acquired another business.
- First Co uses its current GST turnover of $200,000 for the turnover test period of the quarter ending 30 September 2020.
- The current GST turnover in January 2020, being the first whole month after the acquisition, was $100,000.
- First Co applies the alternative test this instrument, as it acquired part of its business after the start of relevant comparison period and the acquisition changed their turnover.
- First Co multiplies the current GST turnover in January of $100,000 by three to get $300,000 and compares that with the current GST turnover for the quarter ending 30 September 2020 of $200,000.
- First Co finds that its current GST turnover for the quarter ending 30 September 2020 falls short of the figure worked out using the alternative test by $100,000, which is greater than 30%.
- The alternative decline in turnover test is satisfied.
Example 6 – Restructure
- In November 2019, Business Enterprises restructured its business operations by merging the operations of two of its businesses.
- On 15 March 2020, it completed a further restructure by separating out the managerial and human resources operations of those newly merged businesses into a separate division.
- Business Enterprises uses its current GST turnover of $300,000 for the turnover test period of the quarter ending on 30 September 2020. The current GST turnover for the month of December 2019 was $150,000 and the current GST turnover for the month of April 2020 was $100,000.
- Business Enterprises applies the alternative test as there was a restructure of their business after the start of the relevant comparison period quarter ending on 30 September 2019 and the restructuring changed its turnover.
- Business Enterprises’ multiplies the current GST turnover for December 2019 of $150,000 by three to get $450,000 and compares that with the current GST turnover of the quarter ending 30 September 2020 of $300,000.
- Business Enterprises finds that its current GST turnover for the quarter ending 30 September 2020 falls short of the figure worked out using the alternative test by $150,000, which is greater than 30%.
- The alternative decline in turnover test is satisfied.
- Business Enterprises could also use its current GST turnover from April 2020 of $100,000 when applying the alternative decline in turnover test. Multiplied by three, to get $300,000 and compared to the current GST turnover of the quarter ending 30 September 2020 of $300,000 the alternative decline in turnover test would not have been satisfied.
Example 7 – Substantial increase in turnover
- Before 1 March 2020, Blue Co had an increase in current GST turnover and wants to ascertain whether it can apply, and satisfy, the alternative test.
- Blue Co uses its current GST turnover of $150,000 for the turnover test period of the quarter ending 30 September 2020.
- Blue Co’s current GST turnover for the month of February 2019 was $50,000 and its’ current GST turnover for the month of February 2020 was $80,000.
- Blue Co applies the alternative test under section 10 of this instrument as its current GST turnover for the month of February 2020 increased by $30,000 from the current GST turnover for the month of February 2019 of $50,000 and $30,000 is more than 50% of $50,000. 81.
- The following monthly current GST turnovers were recorded by Blue Co:
December 2019
$70,000
January 2020
$75,000
February 2020
$80,000
- Blue Co’s 3 months’ current GST turnover is $225,000 and compares this with the current GST turnover for the quarter ending 30 September 2020 of $150,000.
- Blue Co finds that its current GST turnover for the quarter ending 30 September 2020 falls short of the 3 months’ current GST turnover by $75,000, which is greater than 30%.
- The alternative decline in turnover test is satisfied
Example 8 – Irregular turnover
- Red Co has an irregular current GST turnover which is not cyclical and wants to ascertain whether it can apply, and satisfy, the alternative test under section 11 of this instrument.
- Red Co uses its current GST turnover of $100,000 for the turnover test period of the quarter ending 30 September 2020.
- Red Co had the following current GST turnovers for the 4 consecutive 3-month periods in the 12 months before 1 March 2020:
March, April and May 2019
$150,000
June, July and August 2019
$100,000
September, October and November 2019
$75,000
December 2019, January and February 2020
$200,000
- Red Co applies the alternative test under section 12 of this instrument as Red Co’s lowest current GST turnover 3-month period of $75,000 is less than 50% of the highest current GST turnover 3-month period of $200,000.
- The average monthly current GST turnover is the total current GST turnover from the 12 months before 1 March 2020 ($525,000) divided by 12. This gives Red Co an average monthly current GST turnover of $43,750.
- Red Co multiplies this number by three to get $131,250 and compares it to the current GST turnover for the quarter ending 30 September 2020 of $100,000.
- Red Co finds that its current GST turnover for the quarter ending 30 September 2020 falls short of the figure worked out using the alternative test by $31,250, which is less than 30%.
- The alternative decline in turnover test is not satisfied
Example 9 – Sole trader or small partnership with sickness, injury or leave
- In September 2019, Alex, who is a sole trader and has no employees, had a sickness and could not work for most of the month which greatly affected Alex’s current GST turnover for that period.
- Alex uses the current GST turnover of $150,000 for the turnover test period of the quarter ending on 30 September 2020.
- In September 2019, Alex was very sick and could not work for most of the month, which greatly affected Alex’s current GST turnover for that period.
- Alex applies the alternative test under section 13 of this instrument, as Alex is a sole trader with no employees, who was sick for part of the relevant comparison period, and the sickness changed his current GST turnover.
- Alex’s current GST turnover in August 2019, being the month immediately before the month in which Alex was sick, was $75,000. Alex multiplies this figure by three to get $225,000 and compares that with the current GST turnover for the quarter ending 30 September 2020 of $150,000.
- Alex finds that his current GST turnover for the quarter ending 30 September 2020 falls short of the figure worked out using the alternative test by $75,000, which is greater than 30%.
- The alternative decline in turnover test is satisfied.
Extension Periods
JobKeeper 1.0 is scheduled to finish 28 September 2020. The extension provides two opportunities to extend the JobKeeper program.
- 28 September 2020 – 3 January 2021
- 4 January 2021 – 28 March 2021
To be eligible for JobKeeper payments under the extension, businesses and not-for-profits will still need to demonstrate a decline in turnover according to the following:
- 50 per cent for those with an aggregated turnover of more than $1 billion;
- 30 per cent for those with an aggregated turnover of $1 billion or less; or
- 15 per cent for Australian Charities and Not for profits Commission-registered charities (excluding schools and universities).
Annual Leave Directives
The temporary JobKeeper enabling request powers that allow an employer to direct an employee to take paid annual leave (provided it does not reduce their annual leave balance to below two (2) weeks) will cease 28 September 2020.
An employer cannot direct an employee to take annual leave under this scheme past 28 September 2020.
If the employer has directed an employee to take annual leave in October 2020 and this is directed prior to 28 September do they have to take the annual leave?
No, under these provisions the requirement for any annual leave to be taken under a directive ceases on 28 September. Even if the directive was provided prior to 28 September, it cannot relate to annual leave after 28 September 2020
JobKeeper 2.0 is split into Qualifying Employers and Legacy Employers
What are ‘qualifying employers’ and ‘legacy employers’?
Qualifying employers are employers who are eligible for the JobKeeper scheme after 28 September 2020.
Legacy employers are employers who did receive one or more Jobkeeper payments in the period prior to 28 September 2020, but no longer qualify for the JobKeeper scheme after 28 September 2020.
Whether an employer is a qualifying employer, or a legacy employer has implications to the Temporary Employer Powers under the JobKeeper enabling requests and directions provided for under the Fair Work Act.
Impact on Employer Temporary Powers:
Quick refresh:
Part 6-4C was inserted into the Fair Work Act to give eligible employers powers to issue:
- JobKeeper ‘enabling directions’; and
- JobKeeper requests for employees to:
- Work reduced days or alternative hours of work;
- Take accrued annual leave and agreements to take annual leave at half pay
What is a “JobKeeper enabling direction”?
A “JobKeeper enabling direction” temporarily authorises an employer to:
- give a stand down direction to an employee to work fewer days or hours where the employee cannot be usefully employed for their ordinary days or hours because of a business change attributable to the COVID-19 pandemic or Government initiatives to slow down COVID-19 transmission; and
- give directions to employees to change their work duties (where the duties are within their skill and competency) or to perform duties at a place different from their normal place of work (including the employee’s home).
The effect of the “JobKeeper enabling direction” allow for a temporary variation to the employee’s terms of employment on a unilateral basis. This is a significant change where, in many circumstances, an employer has had no capacity to vary an employee’s employment agreement without their genuine consent.
Qualifying Employers
How has qualifying employer’s powers been impacted by the changes?
Qualifying employers will retain access to the full range of flexibility measures under Part 6-4C in the extended period, except for the annual leave provisions. The annual leave provisions will not apply following 28 September 2020.
What are the changes for stand down directions for a qualifying employer?
There are no changes with respect to stand down directions for qualifying employers. Qualifying employers can give a stand down direction to an employee who is entitled to a JobKeeper payment to the effect of reducing that employee’s ordinary hours, including to zero.
When can a stand down direction be implemented for a qualifying employer?
For qualifying employers, there are no changes to requirements, therefore the employer must:
- give an employee at least 3 days written notice of its intention to give a ‘JobKeeper enabling stand down direction’ or a lesser notice period if genuinely agreed between the employer and the employee; and
- consult with the employee or their representative about the a ‘JobKeeper enabling stand down direction’; and
- keep a written record of the consultation.
Legacy Employers
What are the implications for a legacy employer?
To have access to the modified enabling direction powers under the Fair Work Act (detailed below), a legacy employer must meet the 10% decline in turnover test.
What is the 10% decline in turnover test?
- After commencement (28 September 2020) and prior to 27 October 2020, a legacy employer must have a 10% decline in turnover certificate for the June 2020 quarter compared to the June 2019 quarter;
- Between 28 October 2020 and 27 February 2021, a legacy employer must have a 10% decline in turnover certificate for the September 2020- quarter compared to the September 2019 quarter; and
- Between 28 February 2021 and 28 March 2021, a legacy employer must have a 10% decline in turnover certificate for the December 2020 quarter compared to the December 20219 quarter.
- The test is based on actual GST turnover, as opposed to projected GST turnover.
What are the requirements for a 10% decline in Turnover Certificate and when is required?
- If the business is a small business employer, they can choose to make a statutory declaration:
- A ‘small business employer’ is defined in the Fair Work Act, and broadly means an employer with fewer than 15 employees.
- A statutory declaration can be made to the effect that the employer satisfied the 10% decline in turnover test for the designated quarter applicable to a specified time.
- It must be made by an individual who either is, or is authorised by, the employer, and who has knowledge of the financial affairs of the employer.
- The employer can elect to obtain a 10% decline in turnover certificate as per below if they’d prefer.
- If the business is not a small business employer, a 10% decline in turnover certificate must be obtained in order to access the modified enabling direction powers.
- Who can provide a 10% decline in turnover certificate?
- A registered tax agent, BAS agent or tax advisor
- A qualified accountant
- The certificate must relate to a specified employer and confirms that the employer satisfied the 10% decline in turnover test for the designated quarter applicable to a specified time.
- If the eligible financial services provider is also a director employee or associated entity of the employer or an associated entity of the employer, they cannot issue a 10% decline in turnover certificate in relation to the employer.
Key information for Certificates:
28/9/20-27/10/20
June 2020 quarter compared to June 2019 quarter
28 October 2020
28 October 2020
28 October 2020
28/10/20 – 27/2/21
September 2020 quarter compared to September 2019 quarter
28 October 2020
28 October 2020
28 October 2020
28/2/21 – 28/3/21
December 2020 quarter compared to December 2019 quarter
28 February 2021
28 February 2021
28 February 2021
Do legacy employers have access to the flexibilities under Part 6-4C?
Legacy employers will continue to have access to modified measures. Similarly, like qualifying employers, the annual leave provisions will not be applicable after 28 September 2020.
What are the changes for stand down directions?
Legacy employers which meet the 10% turnover test and have the necessary certificate can issue a stand down direction to an employee who is entitled to a JobKeeper payment to the effect of reducing that employee’s ordinary hours to a minimum of 60% as they were at 1 March 2020. In addition, such direction may not result in the employee working less than 2 consecutive hours in a day.
What constitutes as ordinary hours?
- An employee’s ordinary hours are not the hours the employee did or did not work on 1 March 2020 specifically. Rather, ‘ordinary hours’ is the quantity of hours the employee is contracted to work, as set out in the employee’s industrial instrument or contract of employment. To be clear, ordinary hours does not include the specific days an employee might normally perform those hours, it is just the number of hours.
- Ordinary hours are defined in the Fair Work Act for award and agreement free employees. For award or agreement covered employees, ordinary hours will be assessed according to the terms of the applicable instrument. For example, an employee’s ordinary hours as assessed at 1 March 2020 might be 38 hours per week.
- This means employees of legacy employers will have a minimum guaranteed threshold of their pre-Coronavirus ordinary hours.
- Casual employees do not have ‘ordinary hours’ because, by virtue of the nature of casual employment, they are free to accept or refuse work, and their employers are free to offer work or not.
- We note that the employee cannot be directed to work less than 2 consecutive hours in a day on which the employee works.
When can a stand down direction be implemented?
With respect to legacy employers, the employer must provide at least 7 days written notice (as opposed to 3 days for qualifying employers) and must consult with the employee or their representative during that period about the ‘JobKeeper stand down direction.’ Note, legacy employers have expanded consultation requirements compared to qualifying employers such as:
- provide information to employee or their representative about the proposed direction;
- invite the employee or their representative to give their views about the impact of the proposed direction on the employee
- during the notice period the employer must give prompt and genuine consideration to any views given by the employee or their representative.
What are the impacts on hourly wages?
Both qualifying and legacy employers must ensure that the employee’s base hourly rate of pay is not less than the base hourly rate of pay had the stand down direction not been given.
Can employees subject to standing directions obtain secondary employment?
The law has not changed with respect to this aspect. Employees subject to a stand down direction can request to engage in reasonable secondary employment, training or professional development.
Are there notification requirements for ceasing or continuing enabling directions for the second quarter?
Yes. Employers must notify employees as to whether JobKeeper enabling directions or agreements will cease or continue based on whether the employer has obtained a new certificate indicating that it has satisfied the 10% decline in turnover requirements for the relevant quarter.
Does an employer have to renew pre-existing enabling directions if they remain eligible?
No, they will automatically carry over if the employer remains eligible to give that direction or make that agreement in those terms.
Can an employer cease the enabling directions prior to the end of the extended period?
Yes, an employer and employee may terminate an agreement at any time with each party’s consent.
Example – Legacy Employers
- Matthew works as a receptionist in Samantha’s gym. He is engaged under the Fitness Industry Award 2010 at Level 3.
- On 1 March 2020, Matthew was employed as a full-time employee. This means that at the requisite time, his ordinary hours under the Fitness Industry Award 2010 were 38 hours per week. In late March 2020, Samantha’s gym closed due to government restrictions aimed at slowing the spread of Coronavirus, and Samantha consequently qualified for the JobKeeper scheme in relation to Matthew.
- 30 June – 27 September 2020
- When restrictions were eased in June 2020, Samantha reopened the gym, but for reduced hours. She gave Matthew a JobKeeper enabling stand down direction under section 789GDC of the Fair Work Act reducing his hours from 38 to 15 per week until 27 September 2020.
- 28 September 2020 – 28 October 2020
- By 28 September 2020, Samantha’s business has started to recover financially and will not qualify for the extended JobKeeper payment from this date. The actual GST turnover of Samantha’s gym in the June 2020 quarter was at least 10% below the business’ actual GST turnover in the June 2019 quarter, and Samantha has obtained a certificate from an eligible financial service provider to this effect. Samantha wants Matthew to continue to work reduced hours because the gym still hasn’t returned to its normal opening times.
- The existing direction that applies to Matthew cannot continue automatically because Samantha is a legacy employer.
- The terms of the existing direction also reduced Matthew’s hours to below 60% of his ordinary hours on 1 March 2020, which is not permitted by legacy employers after 28 September 2020.
- Samantha gives Matthew a new JobKeeper enabling stand down direction under section 789GJA, which applies from 28 September 2020 and requires Matthew to work a minimum of 22.8 hours per week (60% of his ordinary hours on 1 March 2020), with at least 2 consecutive hours on each day Matthew works – he works 5 hours on Monday, Tuesday and Wednesday, 7.84 hours on Thursday, and no hours on Friday.
- Samantha gives Matthew seven days written notice of her intention to give this direction, consults Matthew about the direction during the seven days prior to making the direction and keeps a written record of this consultation. The new direction can apply from 28 September 2020 until 27 October 2020.
- 28 October 2020 – 27 February 2021
- Once the September quarter is complete, Samantha must obtain a new 10% decline in turnover certificate for the September 2020 quarter.
- She will need to notify Matthew before 28 October 2020 that the JobKeeper enabling stand down direction will not cease to apply to him on that date. If she does so, the direction can apply until 27 February 2021.
- 28 February 2021 – 29 March 2021
- Continue to meet the 10% decline in turnover test
- Once the December 2020 quarter is complete, Samantha must again obtain a new 10% decline in turnover certificate for the December 2020 quarter.
- She must again notify Matthew before 28 February 2021 that the JobKeeper enabling direction will not cease to apply to him on that date. If she does so, the direction can then continue to apply until the start of 29 March 2021.
- Fails to meet the 10% decline in turnover test
- If in the September or December 2020 quarters the business recovers, and no longer satisfies the 10% decline in turnover test (and can therefore not get the certificate), Samantha will not be eligible to give her employees a JobKeeper enabling direction for the subsequent period (see new section 789GJE below).
- She would need to notify Matthew before 28 October 2020 (if the gym no longer satisfies the 10% decline in turnover test for the September 2020 quarter) or before 28 February (if the gym no longer satisfies the test for the December 2020 quarter) that the JobKeeper enabling direction will cease to apply to him on that date (whichever applies).
- Matthew’s base rate of pay under the Fitness Industry Award 2010 is $21.54 per hour, which cannot be reduced for his hours of work, regardless of the actual number of hours he works.
Please get in touch if you would like assistance in understanding your rights and obligations and wish to speak with our accounting or legal experts.
Here are the changes to JobKeeper as announced on 6 August 2020:
JobKeeper Employee Eligibility Criteria
- Relevant employment date:
- From 3 August, the relevant employment date will move from 1 March to 1 July 2020 for:
- a full-time, part-time or fixed-term employee at 1 July 2020
- a long-term casual employee (employed on a regular and systematic basis for at least 12 months) as at 1 July 2020 and not a permanent employee of any other employer
- Age for eligible employees:
- From 3 August, employees who were aged 18 years or older at 1 July 2020 (if you were 16 or 17, you can also qualify if you are independent or not undertaking full time study) will now be included, provided they meet the other eligibility criteria.
New JobKeeper Payment Rates
- $1,500 per fortnight for eligible employees and business participants will continue until 28 September 2020
- From 28 September this will reduce to $1,200 per fortnight, with a rate of $750 for those working fewer than 20 hours per week in the relevant reference period.
- From 4 January 2021 this will reduce to $1,000 per fortnight, with a rate of $650 for those working fewer than 20 hours per week in the relevant reference period.
- Reduced Rate:
- If an employee was employed as of 1 March 2020, work out the average number of hours the employee worked for the four-week period (2/2/20 to 29/2/20) and for the four-week period (3/6/20 to 30/6/20). The period with the higher number of hours worked is to be used for employees with 1 March 2020 eligibility.
- If an employee was not employed as of 1 March 2020 but was employed as of 1 July 2020 work out the average number of hours the employee worked for the 4 week period 3/6/20-30/6/20.
Business Turnover Tests
- From 28 September 2020, businesses and not-for-profits will be required to reassess their eligibility with reference to their actual GST turnover in the September quarter 2020 to be eligible for the JobKeeper Payment from 28 September 2020 to 3 January 2021.
- From 4 January 2021, businesses and not-for-profits will need to demonstrate that they have met the relevant decline in turnover test with reference to their actual GST turnover in the December quarter 2020 to be eligible for the JobKeeper Payment from 4 January 2021 to 28 March 2021.
- Discretion to set out alternative tests that would establish eligibility in specific circumstances where it is not appropriate to compare actual turnover in a quarter in 2020 with actual turnover in a quarter in 2019, in line with the Commissioner’s existing discretion.
- The original discretion is noted below:
- The entity commenced business after the relevant comparison period (the business did not exist in that period) but not on or after 1 March 2020.
- The entity acquired or disposed of part of the business after the relevant comparison period (the business is not the same business in that period as it is now).
- The entity undertook a restructure after the relevant comparison period (the business is not the same business in that period as it is now).
- The entity’s turnover substantially increased by:
- 50% or more in the 12 months immediately before the applicable turnover test period, or
- 25% or more in the 6 months immediately before the applicable turnover test period, or
- 12.5% or more in the 3 months immediately before the applicable turnover test period.
- The entity was affected by drought or other declared natural disaster during the relevant comparison period.
- The entity has a large irregular variance in their turnover for the quarters ending in the 12 months before the applicable turnover test period, excluding entities that have cyclical or regular seasonal variance in their turnover, or
- The entity is a sole trader or small partnership where sickness, injury or leave have impacted an individual’s ability to work which has affected turnover.
- Required turnover drops:
- 50% for those with an aggregated turnover of more than $1 billion
- 30% for those with an aggregated turnover of $1 billion or less
- 15% for Australian Charities and Not for profits Commission-registered charities (excluding schools and universities).
JobKeeper 2.0 - What can we expect?
As COVID-19 continues to have an impact, the Federal Government has announced both an extension and some updates to the scheme.
JobKeeper will continue to be available to eligible businesses (including eligible business participants) and not-for-profits until 28 March 2021.
- If you weren't previously eligible for JobKeeper but have just been forced to close your business as a result of stage four restrictions effective 5 August, you can apply now.
- JobKeeper will continue to be available to eligible businesses (including eligible business participants) and not-for-profits until 28 March 2021.
- From 28 September 2020, it was announced that eligibility for the JobKeeper Payment will be based on actual turnover in the relevant periods.
- We note legislation for JobKeeper 2.0 is not expected until late August.
JobKeeper Rates
28 September 2020 to3 January 2021
$1,200
$750
4 January 2021 to28 March 2021
$1,000
$650
Employees who were employed for less than 20 hours a week on average in the four weekly pay periods ending before 1 March 2020 will receive the lower payment rate.
Business Eligibility Turnover Test
Eligible businesses will have to suffer the requisite decline (no change to percentages) based on actual GST turnover (rather than projected GST turnover) to remain eligible:
- 50 per cent for those with an aggregated turnover of more than $1 billion;
- 30 per cent for those with an aggregated turnover of $1 billion or less; or
- 15 per cent for Australian Charities and Not for profits Commission-registered charities (excluding schools and universities)
28 September 2020 to3 January 2021
Relevant % drop in actual GST turnover in both the June and September 2020 quarters compared to the June and September 2019 quarters.
4 January 2021 to28 March 2021
Relevant % drop in actual GST turnover in all of the June, September and December 2020 quarters compared to all of the June, September and December 2019 quarters.
Timing of Payments
The Commissioner will have discretion to extend the time an entity has to pay employees in order to meet the wage condition, so that entities have time to first confirm their eligibility for the JobKeeper payments.
Employee Eligibility
Existing eligibility rules for employees remain unchanged.
FAQ
FAQ – JobKeeper Rates
- When do I test for a part timer?
- It is based on average hours worked per week in the four weeks of pay periods before 1 March 2020. Effectively, for the month of February 2020, did the employee or eligible business participant work an average of 20 hours or more per week?
- What if the hours my employee or eligible business participant worked in February 2020 were not usual?
- The Commissioner of Taxation will have discretion to set out alternative tests where an employee’s or business participant’s hours were not usual during the February 2020 reference period. For example, this will include where the employee was on leave, volunteering during the bushfires, or not employed for all or part of February 2020.
- My employee was on maternity leave in February; how do I work out if they qualify for the higher or lower JobKeeper rate?
- We note that employees currently in receipt of the government Paid Parental Leave Pay cannot receive JobKeeper payments at the same time.
- The Commissioner will be providing further guidance where February does not provide an appropriate reference period.
- My employee was on annual leave or personal leave during February so didn’t work an average of 20 hours per week but would normally do so, are they still eligible for the higher rate?
- The Commissioner has advised there will be discretion to set out alternative tests where the employee’s hours were not usual during the February 2020 reference period.
- If my employee worked less than 20 hours on average per week in the four weeks in February 2020, does this mean they don’t qualify for JobKeeper anymore?
- No, it just means they will receive the reduced rate, being $750 or $650 per fortnight depending on the period.
FAQ – Employees and JobKeeper
- One of my eligible employees has resigned in June. I need to replace that person. Can the replacement employee be eligible for JobKeeper?
- No, they will not be eligible as they were not employed in the business as of 1 March 2020.
- One of my casual employees commenced with us on 19 May 2019. Will they be eligible at all for JobKeeper?
- Unfortunately not as they need to have been employed for a full 12 months prior to 1 March 2020.
- One of my eligible employees ceased employment with our business in June. Can I still receive the JobKeeper payments for them?
- No, once the employment ceases you are required to notify the ATO via your Single Touch Payroll System and your monthly JobKeeper reporting that they have ceased and you will no longer receive payments for them.
- Our business had suffered a decline in turnover but not enough to initially be eligible for JobKeeper. As such, we had not been using our casual employees who have been with the business for more than 12 months prior to 1 March 2020. In July, we have met the drop in turnover test. Can we now bring back our casual employees and are they eligible for JobKeeper?
- Provided a casual had been employed for at least 12 months as of 1 March 2020, on a regular and systematic basis, they will be eligible for JobKeeper now that you are enrolling.
FAQ – Eligible JobKeeper Business Participants
- Are eligible business participants eligible for JobKeeper 2.0?
- Yes, eligible business participants will continue to be eligible for JobKeeper 2.0, provided they met the initial eligibility criteria and the business meets the turnover test.
- The scheme advises that an eligible business participant needs to be ‘actively engaged’ in the business. What does this mean?
- We are waiting on the legislation to provide further guidance regarding this.
FAQ – Turnover Rules for JobKeeper
- To be eligible for the period 28 September 2020 to 3 Jan 2021, do I need to demonstrate an actual drop in GST turnover for both the June 2020 Quarter and the September 2020 quarter?
- Yes, it is a requirement that you meet the actual drop in turnover test for both previous quarters.
- To be eligible for the period 4 Jan 2021 to 28 March 2021, do I need to demonstrate an actual drop in GST turnover for all of the June 2020 quarter, the September 2020 quarter and the December 2020 quarter?
- Yes, it is a requirement that you meet the actual drop in turnover test for all three previous quarters.
- Our business lodges their activity statements monthly; how does the turnover test work for us?
- To test the June quarter, you will need to add each of the months of April, May and June together and it will be the total that is the relevant figure.
- Are the alternative tests still available, such as those for high-growth businesses, or recently commenced businesses in JobKeeper 2.0?
- At this stage, nothing has been released to confirm this. We are waiting on the legislation to hopefully provide further guidance in relation to alternative tests.
FAQ – Timing of JobKeeper Eligibility
- I haven’t been eligible previously; can I still access the JobKeeper program?
- The JobKeeper payment will continue to remain open to new recipients, provided they meet the existing eligibility requirements and the additional turnover tests during the extension period.
- I didn’t qualify for JobKeeper 1.0. Can I still qualify for JobKeeper 2.0?
- In order to be eligible for JobKeeper 2.0, you would need to meet the 'drop in turnover' test for the June 2020 quarter. If you met the drop in turnover test for the June quarter, you should already be enrolled.
- If you don’t pass the drop in turnover test for the June 2020 quarter, you will be unable to qualify for JobKeeper 2.0 when it begins at the end of September.
Guide to the JobKeeper Payment Scheme - 09 April 2020
Guide to the JobKeeper Payment Scheme - 10 April 2020 - Hint: this guide contains vital updated information around payment of the JobKeeper subsidy and information on non-employee eligibility criteria like sole traders and directors!
If you'd like assistance with applying and managing your JobKeeper obligations please contact a BlueRock adviser today.
JobKeeper Payment Scheme Enrolment & Application Process (Phase 1 - we will update this for 2.0 as more information comes to light)
The first stage of the JobKeeper Payment Scheme has already closed. There were two stages to this process: enrolment and reporting. Enrolment (stage 1) opened on 20 April 2020.
It was announced that the deadline for JobKeeper enrolments has been extended from 30 April 2020 until 31 May 2020; however, payments for the first two JobKeeper fortnights are required to be made by 8 May 2020.
If you've been struggling to get on top of everything, this means you'll have some more time and still be able to claim payments for the fortnights in April and May, provided you meet all the eligibility requirements for each of those fortnights. This includes having paid your employees by the appropriate date for each fortnight.
For the first two fortnights (30 March - 12 April, 13 April - 26 April), the ATO will accept the minimum $1,500 payment for each fortnight as being paid by the employer, even if it has been paid late, provided it is paid by 8 May 2020. If the employer does not make this payment to staff by this date, they will not be able to claim JobKeeper for the first two fortnights.
Companies with eligible employees – open
Sole trader and other entities – open
For eligible participants in the scheme, during the enrolment you will need to provide your bank account details. If you have eligible employees you will need to advise the number of eligible employees.
The second stage is the Monthly Reporting Stage which opens on 4 May 2020.
Companies with eligible employees will be required to identify eligible employees either by:
- selecting employee details that are prefilled from their STP pay reports (if they report payroll information through an STP enabled payroll solution) or
- manually entering employee details in ATO Online services for agents or the Business Portal (if they do not use an STP-enabled payroll solution).
The ATO has advised that it will remit funds to employers for all eligible employees after receiving the application.
Eligible Business Participant
Your non-employee individual is an eligible business participant of your entity for the fortnight if they meet all of the following:
They are an individual not employed by your entity.
They are actively engaged in the business carried on by your entity (at 1 March 2020 and for the fortnight you are claiming).
They are one of the following (at 1 March 2020 and for the fortnight you are claiming)
- a sole trader
- a partner in the partnership
- an adult beneficiary of the trust
- a shareholder or director in the company.
Eligible business entities
Your entity is eligible if:
on 1 March 2020, it carried on a business in Australia
it satisfies the 'fall in turnover' test for the relevant period
it satisfied certain conditions as at 12 March 2020, being
- a 2018–19 income tax return showing that it had an amount included in its assessable income in relation to it carrying on a business, or
- an activity statement or GST return for any tax period that started after 1 July 2018 and ended before 12 March 2020 showing that it made a taxable, GST-free or input-taxed sale.
Note: A discretion to give further time after 12 March 2020 may apply in limited circumstances such as if you did not have a requirement to lodge your 2018-2019 return until after 12 March 2020, or you have deferred your lodgement under an extension of lodgement date the ATO initiated.
Sole Trader & Other Entity Monthly Reporting
Each month, you must reconfirm your reported eligible employees and eligible business participant. If your eligible employees change or leave your employment, you will need to notify the ATO through this monthly declaration.
You must also provide information as to your current and projected GST turnover. This is not a retest of your eligibility, but rather an indication of how your business is progressing under the JobKeeper Payment Scheme.
Employer Obligations
- Demonstrate that your business has or will experience the applicable turnover decline.
- Apply using the ATO application process and register your business.
- Notify your employees in writing if they are eligible for the JobKeeper payments.
- Each eligible business participant and eligible employee must complete the ATO approved form.
- Provide information to the ATO on eligible employees engaged as at 1 March 2020 (including those stood down or rehired).
- Ensure that each eligible employee is paid at least $1,500 per fortnight (before tax).
- Notify all eligible employees that they are receiving the JobKeeper Subsidy Payment and have been nominated to the ATO in writing.
- Continue to provide information to the ATO on a monthly basis, including the number of eligible employees employed by the business.
Intending on giving your eligible employees a JobKeeper Enabling Direction or JobKeeper Enabling Request?
The new Part 6-4C inserted into the Fair Work Act now gives employers temporary powers to issue:
‘Jobkeeper enabling directions’; and
'Jobkeeper enabling requests' for employees to:
- work reduced days or alternative hours of work;
- take accrued annual leave and agreements to take annual leave at half pay.
What is a “Jobkeeper enabling direction”?
A “Jobkeeper enabling direction” can only be given by an eligible employer to an eligible employee, where both qualify for the JobKeeper Payment Scheme.
A “Jobkeeper enabling direction” temporarily authorises an employer to:
- give a stand down direction to an employee to work fewer days or hours (including nil) where the employee cannot be usefully employed for their ordinary days or hours because of a business change attributable to the COVID-19 pandemic or Government initiatives to slow down COVID-19 transmission; and
- give directions to employees to change their work duties (where the duties are within their skill and competency) or to perform duties at a place different from their normal place of work (including the employee’s home).
What is a “Jobkeeper enabling request”?
A “Jobkeeper enabling request” authorises an employer to:
- request an employee perform their duties on different days or at different times (provided that it does not reduce their ordinary hours of work); or
- request an employee take paid annual leave (provided it does not reduce their annual leave balance to below two (2) weeks).
Communicate Legal Employment Changes to Your Staff With These Affordable JobKeeper Templates
The following templates are available to help you communicate JobKeeper updates with your staff:
- JobKeeper Enabling Stand Down Direction (to reduce an eligible employee's hours, including to nil)
- JobKeeper Enabling Direction – Alternative Duties (to change an eligible employee’s usual work duties)
- JobKeeper Enabling Direction – Change of Location (to change an eligible employee’s usual place of work)
- JobKeeper Enabling Request – Different Hours/Days (to change an eligible employee’s days or work hours, compared to their usual hours/days. This arrangement does not reduce their ordinary hours).
- JobKeeper Enabling Request – Paid Annual Leave
- Notification of termination and redundancy
Cost: $200+GST or $750+GST for all 6 templates
Eligible Employees
Eligible employees are employees who:
- are currently employed by the eligible employer (including those stood down or re-hired);
- were employed by the employer at 1 March 2020;
- are full-time, part-time, or long-term casuals (a casual employed on a regular basis for longer than 12 months as at 1 March 2020);
- are at least 16 years of age;
- are an Australian citizen, the holder of a permanent visa, a Protected Special Category Visa Holder, a non-protected Special Category Visa Holder who has been residing continually in Australia for 10 years or more, or a Special Category (Subclass 444) Visa Holder; and
- are not in receipt of a JobKeeper Payment from another employer
If your employees have multiple employers, they can usually choose which employer they want to nominate through. However, if your employees are long-term casuals and have other permanent employment, they must choose the permanent employer and cannot nominate you.
Businesses Without Employees
Businesses without employees will need to provide an ABN for their business, nominate an individual to receive the payment and provide that individual’s Tax File Number and provide a declaration as to recent business activity.
People who are self-employed will need to provide a monthly update to the ATO to declare their continued eligibility for the payments. Payment will be made monthly to the individual’s bank account.
Frequently Asked Questions that relate to the JobKeeper Subsidy Scheme
1. What if the employee has been stood down?
- If the employee was employed as of 1 March 2020, the employer remains eligible to reinstate the employee and receive the payment.
2. What if the employee has been made redundant?
- If the employee was employed as of 1 March 2020 the employer remains eligible to reinstate the employee and receive the payment. The government has noted that leave entitlements paid as part of the redundancy are yet to be worked through.
3. Is superannuation payable on the JobKeeper Subsidy Scheme?
- If the employee is usually paid $1,500 per fortnight before tax, the employer is required to pay superannuation on their full wage including the $1,500 supplement.
- If an employee earns less than $1,500 per fortnight before tax, the employer is only required to pay superannuation on the amount the employee earned as their normal wage, not on the additional amount received as part of the $1,500 payment that is in excess of the normal pay.
4. If my employee works part time and is usually paid less than $1,500 per fortnight, does the business still receive the full $1,500 per fortnight?
- Yes, the employer will receive the full $1,500 per fortnight for the employee and the full $1,500 is required to be passed onto the employee.
5. If my employee earns more than $1,500 per fortnight, does the business receive more than the $1,500 per fortnight?
- No, it is a flat $1,500 per employee, per fortnight, regardless of their income level.
6. What if the employee has already applied for support through Centrelink?
- Provided the employee was employed as of 1 March 2020 they can transition back to the employer and be eligible for the payment.
7. Are casuals eligible for the payment?
- If the casual has been employed with the employer for 12 months or more they will be eligible for the payment.
8. Are those on temporary work visas eligible?
- The government has advised New Zealanders on 444 Visas are eligible for the payment. All other temporary visa holds will not be eligible at this point in time.
9. When does it apply?
- Payments will be paid from the second week of May with payments backdated to the 30 March 2020.
10. How does my business apply for the payments?
- The business will need to complete a self-declaration that their revenue has reduced in line with the eligibility criteria via the ATO website. Your BlueRock adviser can assist you with this.
11. Can an employee access both the Centrelink benefits and the JobKeeper Payment Scheme at the same time?
- No, the employee receiving the JobKeeper Payment is not eligible to also receive the JobSeeker Payment.
12. My employee works part time in my business and as a casual in another business. Do they receive two payments of the $1,500?
- No, an employee may only receive the JobKeeper Payment from one employer
13. When does an employer need to notify an employee they will be entitled to the JobKeeper Payment?
- The employer must notify an individual employee in writing that they are eligible. Once the nomination form has been completed, the employer can register the employee via Single Touch Payroll. Once registered via Single Touch Payroll, it is a requirement that the employer notifies the employee within 7 days that the employee and employer are eligible and they have been registered.
14. When do I need to notify the ATO that we elect for our business to participate in the JobKeeper Payment Scheme?
- For an entitlement arising in the first (30 March –12 April) or second JobKeeper fortnight (13 April – 26 April) you must notify the ATO by 30 May.
15. Are partnerships eligible for the Jobkeeper Payment?
- Yes, if the eligibility criteria set out earlier is met. However, only one partner can be nominated to receive the JobKeeper Payment. All eligible employees of the partnership will also be entitled to the JobKeeper Payment if they meet the criteria, noting a partner cannot be an employee.
16. Are company directors that receive director fees eligible for the Jobkeeper Payment?
- Yes, if the eligibility criteria set out earlier is met. However, only one director can be nominated to receive the JobKeeper Payment and that individual may not receive the payment as an employee. All eligible employees of the company will also be entitled to the JobKeeper Payment if they meet the criteria.
Did You Know That JobKeeper Audits May Be Covered By Your Insurance?
Good news! If you're a client of BlueRock Accounting and you use our audit insurance product, Audit Shield, then future JobKeeper audits and reviews are covered by your existing insurance. If you're a BlueRock Accounting client but are yet to sign up to Audit Shield, it may be worth exploring to save a lot of stress in the event of an audit. Feel free to get in touch with Adam Gibbins, our Director of General Insurance, if you have any questions.
Social Security Deeming Rates
The government is reducing the deeming rate adopted for Age Pension income testing by a further 0.25 percentage points to reflect the latest rate reductions by the RBA. As of 1 May 2020, the upper deeming rate will be 2.25% and the lower deeming rate will be 0.25%.