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Re: Job Keeper Eligibility

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Newbie

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Replies 1

Just a question in Jobkeeper eligibility that I seem can't find the answer yet.

I've been been a casual worker of a franchise business since 22nd February, 2019.

The franchisee opted out of the franchise on 18th September, 2019 and the head office took over the business from this date. Head office allowed a new franchisee to trial the business until 2nd February, 2020 when the franchise got sold to the new franchisee.
The ABN & company name appearing on the payslip got changed after 18th September, 2019 but has remained the same since.All core business activities and employees are the same.
I am able to demonstrate regular and systematic employment at the franchise store since 22nd February,2019.

I recently approached management and asked if I was eligible for the Jobkeeper payment, as all full time and part time employees have been offered jobkeeper and was advised;

1. I did not meet the criteria since I was an employee with the original franchisee and the business was not a normal purchase transaction in unusual circumstances - eligibility does not seem to fall within the parameters defined on the ATO website.

Personally I don't think this point is correct under the ruling. Even though the business was sold after a trial period, everything remains the same.

What do you think of this situation?
Do I have grounds to advise my employer that for the purposes of determining whether I am is a long term casual employee and an eligible employee, the fact that the business has changed hands should not disadvantage me?
Am I classed as a long term casual employee for the purposes of the JobKeeper scheme and therefore eligible?

Thanks in advance,
Sky
1 ACCEPTED SOLUTION

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Most helpful response

Devotee

Replies 0

You should still be eligible even though the business changed owners. There's an example of this on the ATO website scroll down for the example and there's also info under who is eligible https://www.ato.gov.au/General/JobKeeper-Payment/In-detail/Employee-test-requirements/?anchor=TheJob...
1 REPLY 1
Highlighted

Most helpful response

Devotee

Replies 0

You should still be eligible even though the business changed owners. There's an example of this on the ATO website scroll down for the example and there's also info under who is eligible https://www.ato.gov.au/General/JobKeeper-Payment/In-detail/Employee-test-requirements/?anchor=TheJob...