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Changes to the Fair Work Act - 7 April 2020

On 7 April 2020, the Attorney-General Christian Porter announced a Government draft outlining three temporary key changes to the Fair Work Act 2009 (Cth) (FWA) to adapt to the current situation regarding COVID-19.

The temporary legislative changes are being pushed in attempt to ensure the $1500 JobKeeper payments will continue to lawfully flow while also allowing employers to make flexible changes to save jobs. The processes of all three legislative changes will be reviewable by the Fair Work Commission.

The first change to the FWA would implement a ‘JobKeeper-enabling stand down’ and this would be in operation for the next six months. An employer can use a JobKeeper-enabling stand down in circumstances where an employee cannot be reasonably employed and usefully employed due to the current environment. Additionally, in these circumstances where an