JobKeeper Location of Work Direction – a business can direct an employee to work at a place that is different from their normal place of work that is suitable for the duties being performed. This includes the employee’s home. However, the direction must not require the employee to travel an unreasonable distance. The direction must also be safe having regard to the nature and spread of COVID-19 and be within the scope of the business.

JobKeeper Days of Work etc. Direction – a business can request an employee to enter into an agreement to work on different days or times as long as there is no reduction in the number of hours and the employee will not work less than two hours a day. The employee must consider this request and not unreasonably refuse the request.

If a business no longer meets the 10% decline in turnover test, the modified JobKeeper directions or agreements cease with immediate effect.

Consultation

Before giving the modified JobKeeper directions, a business is still required to meet strict consultation requirements. The Act modifies the JobKeeper consultation requirements. Under the JobKeeper provisions, a business is only required to provide three days’ notice before giving a JobKeeper direction and consult in this period. The Act modifies the notice period to seven days before a business can give a modified JobKeeper direction, unless the employees agree to a lesser period.

During this seven-day notice period, the business is to consult with the employee or the employee’s representative. The business is to provide the employee, or their representative, with information about the modified JobKeeper direction. This information may include the nature of the direction, when the direction is to take effect and the expected effects on the employee. The business is to invite employees, or their representative, to give their views on the impact of the direction, which the business must give ‘prompt and genuine consideration’ to.