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Jobkeeper seasonal long term casuals

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Replies 2

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 and @Denz 

 

Thanks for contacting ATO Community.

 

Both an employer and employee have to meet all the eligibility requirements for the JobKeeper payment.

 

The information in this link: who is considered a long-term casual employee can help you with determine your eligibility.

 

You’re eligible if you’re a long-term casual employee and have been with your employer on a regular and systematic basis for at least 12 months as at 1 March 2020.

 

If you’re a long-term casual and you have other permanent employment, you can only claim JobKeeper through your permanent employer. If your permanent employer isn’t eligible, you may not be able to claim JobKeeper at all.

 

You can also check out our Fortnight test that can help determine if you’re eligible for the JobKeeper payment or see more information about JobKeeper changes to the Fair Work Act.

 

I hope this information is helpful and you all remain well during this time.

 

MariR

2 REPLIES 2

Devotee

Replies 0

I would call again and you need to point that you are seasonal business and I am not sure are you in WA in WA there are many business that are closed because of the cycle season so there is nothing for the employee to do so to say that the work is not regular and systematic in that industry is just plain wrong in other situation the answer would be different.

 

What about if you call fairwork instead of ATO to see what their opinion is on this because this is more an area of fairwork than ATO ?

 

What is employment on a regular and systematic basis?

It is the employment that must be on a regular and systematic basis, not the hours worked.[13] However, a clear pattern or roster of hours is strong evidence of regular and systematic employment.[14]

The term 'regular' implies a repetitive pattern and does not mean frequent, often, uniform or constant.[15]

The term 'systematic' requires that the engagement be 'something that could fairly be called a system, method or plan'.[16]

Where there is no clear pattern or roster, evidence of regular and systematic employment can be established where:

  • the employer offered suitable work when it was available at times that the employee had generally made themselves available, and
  • work was offered and accepted regularly enough that it could no longer be regarded as occasional or irregular.[17]

Most helpful response

Former Community Support

Replies 0

Hi @gemma and @Denz 

 

Thanks for contacting ATO Community.

 

Both an employer and employee have to meet all the eligibility requirements for the JobKeeper payment.

 

The information in this link: who is considered a long-term casual employee can help you with determine your eligibility.

 

You’re eligible if you’re a long-term casual employee and have been with your employer on a regular and systematic basis for at least 12 months as at 1 March 2020.

 

If you’re a long-term casual and you have other permanent employment, you can only claim JobKeeper through your permanent employer. If your permanent employer isn’t eligible, you may not be able to claim JobKeeper at all.

 

You can also check out our Fortnight test that can help determine if you’re eligible for the JobKeeper payment or see more information about JobKeeper changes to the Fair Work Act.

 

I hope this information is helpful and you all remain well during this time.

 

MariR