The Fair Work Act has been amended due to COVID-19, to allow JobKeeper-eligible employers to give employees a “JobKeeper-Enabling Direction” (which cannot be unreasonably refused).
Under these directions, an employer can request that employees stand down, unilaterally amend their working hours and make changes to their role (within reason) such as location/timing of work and tasks if the employee cannot be usefully employed due to COVID-19. The directions lapse on 28 September 2020.
If you are looking to reopen, shuffle staff between stores or re-organise your workforce in the short term, then it is likely that you will be giving your staff a direction under the new laws.
You must give employees at least 3 days’ notice of a direction, engage in consultation with employees and keep records of all directions given.
To assist you in giving directions, we have prepared a FREE template letter that you can download and complete to provide to your employees.
However, we highly recommend seeking advice before issuing a Letter of Direction as there are still requirements that must be met to ensure compliance with the new legislation and existing Fair Work legislation especially in relation to the rate of pay.
If you would like assistance with employment law or in completing the letter, contact us on 1300 033 934 or email Rosalyn at .