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One in all in - can employers choose who they claim Jobkeeper for?

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Newbie

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Replies 33

Hi.  Can your employer choose which eligible empoyees they sign up for Job keeper or if they choose to sign one up do they have to sign all up?

 

Thank you

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ATO Certified

Devotee

Replies 30

If the employer chooses to particiapte in JobKeeper, they must offer this to all eligible employees.

 

Below is a quote from the Explanatory Statement that accompanies the Job Keeper rules.

 

"Once an employer decides to participate in the JobKeeper scheme and their eligible
employees have agreed to be nominated by the employer, the employer must ensure
that all of these eligible employees are covered by their participation in the scheme.
This includes all eligible employees who are undertaking work for the employer or
have been stood down. The employer cannot select which eligible employees will
participate in the scheme. This ‘one in, all in’ rule is a key feature of the scheme."

33 REPLIES 33
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Best answer

ATO Certified

Devotee

Replies 30

If the employer chooses to particiapte in JobKeeper, they must offer this to all eligible employees.

 

Below is a quote from the Explanatory Statement that accompanies the Job Keeper rules.

 

"Once an employer decides to participate in the JobKeeper scheme and their eligible
employees have agreed to be nominated by the employer, the employer must ensure
that all of these eligible employees are covered by their participation in the scheme.
This includes all eligible employees who are undertaking work for the employer or
have been stood down. The employer cannot select which eligible employees will
participate in the scheme. This ‘one in, all in’ rule is a key feature of the scheme."

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I'm new

Replies 2

Hello, Thanks for clarifying the above.

 

The statement above appears to refer to current employees on the books as of March 1st, that are either still working or have been stood down from their duties.

 

I was on my employers payroll on March 1st 2020. My position was made redundant and my employment terminated on March 5th. I have an email from my employer stating that I was let do due to the economic effects on the industry due to COVID-19. 

 

What are my employers obligations regarding re-engaging eligible job-keeper recipients that are no longer employed? Is it my employers choice to re-engage or re-employ those that were employed on March 5th but have been terminated since? If we are eligible, does the employer have a responsibilty to re-employ those eligable that are no longer employed?  

 

Thank you for explaining.  

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Dynamo

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My understanding is Its up to the employer to decide if they want to re-engage or re-hire terminated employees.  The one in all in only applies if you have been stood down rather than terminated.  The March 1st date is only the first part of the eligibility criteria, to be eligible ongoing you need to be any employee during each of the fortnights the scheme is operating.  You were an employee at March 1st, but if you arent rehired you arent an employee for the fortnightly requirement.

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Initiate

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You have been terminated... Its up to the employer to decide if they re engage terminated employee's

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Newbie

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For apprentices can I select Jobkeeper keeper payment as there is apprentice wages subsidy?. The young apprentices will be better off on Jobkeeper?

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Newbie

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My understanding is that from 30/3/20 you could opt to have apprentices on jobkeeper. From the 1/1/20 - 31/3/20 you could have them on the supporting apprentices wages subsidy but hen have them on jobseeker. I have been trying to find out a different scenario. Although my business is able to nominate eligible employees for jobkeeper I actually don't want to nominate the apprentices and want to keep them on the supporting apprentices wages subsidy. The ATO does not seem to be aware that the Australian Government Department of Education Skills and employment has put online a publication dated 1/4/20 that says employers have a choice on which scheme they wish to access but obvioulsy they can only access one scheme omce the jobkeeper scheme kicked in. . I have rung them also today and they have confirmed you do have a choice. I don;'t want my first year apprentice being paid the same as a 3rd year apprentice as I think this is unfair and could breed resentment. I would love the ATo to have a conversation with the Department of Education skills and Employment and sort this out definitely so they both agree. .

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Newbie

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If employer has stood down 10 employees on 30 March and lets assume all stood down employees are eligible employees other than the fact that they have not been paid the minimum $1,500 gross for the two fortnights in April. 

If the employer then 'back/top up pays' only some of the stood down employees would it follow that only those employees are now the only eligible employees (becasue are requirment is eligible employees are paid at least $1,500 per fortnight).  For example 10 employees stood down - all are eligible except for not receiving minimum $1,500 per fortnight whilst stood down.  Employer then 'back/top up pays' only 5 of the stood down employees the required $1,500 per fortnight.  Is it the case that there are only 5 eligible employees.  How does this intersect with the Minister saying 'one in all in'??

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Initiate

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I have 20+ employees ... all but a couple pass the $750 a week test  ... the business will qualify for JobKeeper program, but I have a couple of exceptions ...

ONE a uni student working 2 short days a week paid junior wages about $250 per week ... TWO a young mother who works 4 hours on Saturday only paid about $100 per week ... these are both ongoing and perfectly satisfactory employment arrangements ... neither employee is in an income compromised household ... ie there is no "need" for these employees to be topped up to $750 per week and it seems to me to be somehow wrong to do so ...

Further, looking at the Treasury fact sheet "protecting integrity" might such a top up of these two employees be construed as a "scheme" to defraud the Commonwealth of money it doesn't need to pay?

 

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Devotee

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The Government is aware that lots of employees eligible for Job Keeper have regular income of a lot less than $1,500 per fortnight.  Announcements and fact sheets have mentioned that such eligible employees are entitled to $1,500 regardless of their normal income amount.

 

It is unlikely that the integrity measures would apply to the situations you have mentioned.  They are there to protect against situation like dormant businesses being re-established to claim Job Keeper, adjusting start dates or employment periods to enable eligibility or postponing or bringing forward income receipts to satisfy the decline in turnover test.

 

If your employees meet all the the eligibility requirements your are required to offer then access to Job Keeper.  If they decline, that is fine but get the response in writing to protect yourself in case someone changes their mind.