Announcements
We’re doing scheduled maintenance on ATO Community to bring you a bigger, better and brighter online community.
You may see us go into read-only mode over the weekend while we do this. Don’t worry! You’ll still be able to search the site to find your answers.

ATO Community

JobKeeper eligibility for sales staff on retainer

Newbie

Views 1782

Replies 4

Hi there.

I am a sales employee (real estate), and am currently in a commission only role, but with a monthly retainer. The retainer is essentially a forward on my commissions that needs to be repaid back to the company once commissions are received for sales.

My employer has asked me to sign a jobkeeper form, with the intention to use these funds to help support the business. I will however need to repay my retainer back to the company as per normal as commissions come in - they do not intend to pass any of the jobkeeper payment onto me directly as a formal salary.

Is this legal?

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Former Community Support

Replies 0

Hi @Moxiegrit 

 

Thanks for posting. As we can't comment on whether something is legal on a public forum, it might be an idea to check out the Fair Work website for further guidance.

 

RaisaN

4 REPLIES 4

Most helpful response

Former Community Support

Replies 0

Hi @Moxiegrit 

 

Thanks for posting. As we can't comment on whether something is legal on a public forum, it might be an idea to check out the Fair Work website for further guidance.

 

RaisaN

Newbie

Replies 0

Hi there - did you manage to get any clarity on this question through Fair Work? I am also looking for the same information but can't find anything on Fair Work about how JobKeeper works with employees in this situation.

Initiate

Replies 0

No it's not legal. Report them to ATO.

REIV states that you are not allowed to pay back JoBKeeper

 

In regular times the wage paid to a salesperson comes out of the employer's "pocket" and is recovered from the commission the salesperson earns. The salesperson is then paid the amount by which commission earned exceeds the amount that has come out of the employer's pocket.

 

Under JobKeeper,  a  portion  of  the wage each fortnight comes from the government rather than the employer, so if the employer "recovered" it they would be recovering something which has not been an expense to them and in effect they would not be passing on the JobKeeper payment to the employee.

 

 

I'm new

Replies 0

Hi, my name's Selena.

It may be illegal but may not be arguable or even worth your while arguing. I would make sure you're are certain he had the intention to only use that money on the company and not to pay his workers. But also the job keeper payment was designed to be something that kept people in a job so unless you weren't making any commission or sales (don't exactly know the terminology) and you were struggling, the technically don't have to pay you jobkeeper because it would be better used to support the company. Anothe thing I noticed you said was that he had the intention to use the funds to support the business but a business is made up of its workers so this could be argued to be benefiting you as a worker even if you aren't getting it paid through your formal salary. If you are really concerned, I would contact your union, at least sign up to your union or seek out a lawyer. This is because I'm not lawyer, I just study criminology and know a lot about the law. If you have any other questions, reply back.