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Re: Casuals and JK alternative reference period

Newbie

Views 719

Replies 5

Hi

 

I’ve asked my employer for a review of my Tier 2 jobkeeper extension classification.  I believe I qualify for Tier 1 using the alternative 28 day reference period ruling as the 2 pay cycles prior to 1 March included a public holiday ( my usual day of work) and a personal absence .

 

My employer claims that the legislation states the alternative references periods only apply to permanent part-time and permanent full time employees  and not long term casuals.

 

Is this true?

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Former Community Support

Replies 3

Hi @MGS22

 

Your employer is incorrect the alternative reference periods can be used for all eligible staff not just permanent part-time and permanent full time employees. We recommend speaking with your employer and asking them to show you where they found this information.

 

If you are concerned that someone is doing the wrong thing in relation to the JobKeeper payment, you can tell us about it. We will be examining JobKeeper Tip-Offs and contacting businesses where we have concerns and need more information. To report illegal or behaviour of concern, see Making a tip off.

 

All the best!

5 REPLIES 5

Most helpful response

Former Community Support

Replies 3

Hi @MGS22

 

Your employer is incorrect the alternative reference periods can be used for all eligible staff not just permanent part-time and permanent full time employees. We recommend speaking with your employer and asking them to show you where they found this information.

 

If you are concerned that someone is doing the wrong thing in relation to the JobKeeper payment, you can tell us about it. We will be examining JobKeeper Tip-Offs and contacting businesses where we have concerns and need more information. To report illegal or behaviour of concern, see Making a tip off.

 

All the best!

Newbie

Replies 0

Hi, I have a casual team member requesting a tier review also for the same reasons.

It was my understanding that alternative reference period was to be used only if the employee's paid hours and paid absences during the period did not total 80 and were not representative of the typical schedule.

For a casual, since the absence for public holiday is not paid time, then we would discount the hours they would have worked and simply use the exact paid hours worked during the reference period, and not look for an alternative peiod where they might have worked over 80? This is specifically for casuals this question.

I wouldnt expect we would look through past periods to search for when a casual might have worked over 80 and therefore use many different alternative periods for the purpose of a large number of casual staff.

Many Thanks

Newbie

Replies 1

Hi @YianaATO

 

Thanks for the help. If it is found that my employer was incorrect in their lodgement of Tier 2 when it should been Tier 1 for this quarter is there provision for backpay of the difference and if so how does that occur?

ATO Community Support

Replies 0

Hi @MGS22,

 

It is up to your employer to report the correct information to us along with advising their employees of the Tier payment they can expect to be paid. If this has not occurred then the employer would need to contact us and ascertain if anything can be done. Your employer is also responsible for paying you the JobKeeper amounts in the relevant fortnights in order to be reimbursed for them. As @Yiana advised you can also lodge a tip off form if you believe someone is doing the wrong thing in relation to JobKeeper payments.

 

All the best.

ATO Community Support

Replies 0

Hi @SO1209,

 

If the 80-hour reference period in general is a reflection of the hours your employee would usually work (excluding the public holidays due to the fact that they are casual employees), then you would not going looking for a period where they would meet the 80-hour rule.

 

Links 

80 hour threshold for employees