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Jobkeeper confusion

Initiate

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Hello,
I would like some clarification on conflicting information from the ATO me and my employer have received over the phone. The business I work for is seasonal, and there are a few staff who the employer has nominated as eligible, but many who are sitting in a grey area and need more information to proceed. Most casuals work (apart from a few occasional shifts enough for 2or 3 casual staff over winter) is from Oct through to May each year (7-9months). The business has many long term casuals who regularly work each year for 7-9 months when the business is busy, and may not be able to work for the remainder 3-5 months due to the end of the season. Although I would consider working 7-9 months of each year for multiple years as regularly and systematic to the nature of this business, my employer has been informed differently. They have been told by the ATO that any long term casual who has had a break of work for 2-3 months cannot be considered as working regularly and systematically for the past 12 months, even though in this 3-5 month break the casuals are still kept on the books with a reasonable expectation of ongoing work when the season re-commences. My employer is trying their best to make sure every eligible employee is nominated, however this conflicting information is making it difficult and they don’t want employees to fall into financial hardship if they are nominated and later declined by the ATO.
My question therefore is: Is a casual employee who primarily works for a seasonal business for 7-9 months, and has worked multiple seasons in a row (such as myself who has worked the last 7 years) still considered to be a long term casual eligible for jobkeeper, even with a yearly lul in shift availability for 3-5 months?
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Most helpful response

Former Community Support

Replies 0

Hi @gemma,

 

Thanks for reaching out. I'm sorry you have had that experience.

 

From the information you have provided, as the casual employees had been employed for over 12months with a reasonable expectation of ongoing work on the basis of the nature of the business and availability of work, the employees are considered to be employed on a regular and systematic basis.

 

We have information about who is considered a long-term casual employee on our website.

 

Fair Work has provided additional guidance on employee and employer obligations – see JobKeeper changes to the Fair Work Act.

 

I hope this helps.

1 REPLY 1

Most helpful response

Former Community Support

Replies 0

Hi @gemma,

 

Thanks for reaching out. I'm sorry you have had that experience.

 

From the information you have provided, as the casual employees had been employed for over 12months with a reasonable expectation of ongoing work on the basis of the nature of the business and availability of work, the employees are considered to be employed on a regular and systematic basis.

 

We have information about who is considered a long-term casual employee on our website.

 

Fair Work has provided additional guidance on employee and employer obligations – see JobKeeper changes to the Fair Work Act.

 

I hope this helps.