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Regular and Systematic Query

Newbie

Views 980

Replies 3

Our business has employed a young casual (now 17 years old) for the past 2 years where he has consistently worked school holidays for us with very occasional shifts at other times. Will this count as regular and systematic employment for the purposes of JobKeeper?
1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Former Community Support

Replies 2

Hi @Redfootedpanda,

 

To receive the JobKeeper payment both the employer and employee need to meet the eligibility requirements.

A long-term casual employee maybe eligible, this is someone who has been with their employer on a regular and systematic basis for at least 12 months as at 1 March 2020.

 

You can find out more on who is considered a long-term casual employee on our website.

This is general guidance about how the JobKeeper payments apply to casual employees and does not represent advice about how ‘regular and systematic’ employment might arise under the Fair Work Act.

 

For more information in regards to any issues around your employment you can go to the Fair work Australia website.

I hope this information helps you and you remain well during this time.

 

MariR

3 REPLIES 3

Most helpful response

Former Community Support

Replies 2

Hi @Redfootedpanda,

 

To receive the JobKeeper payment both the employer and employee need to meet the eligibility requirements.

A long-term casual employee maybe eligible, this is someone who has been with their employer on a regular and systematic basis for at least 12 months as at 1 March 2020.

 

You can find out more on who is considered a long-term casual employee on our website.

This is general guidance about how the JobKeeper payments apply to casual employees and does not represent advice about how ‘regular and systematic’ employment might arise under the Fair Work Act.

 

For more information in regards to any issues around your employment you can go to the Fair work Australia website.

I hope this information helps you and you remain well during this time.

 

MariR

Newbie

Replies 1

Thanks MariR for your reply. I hope you are doing well during this difficult this time too.

As an employer we meet the requirements to apply for JobKeeper. I understand that we must apply for ALL staff eligible for the subsidy. Our young school holiday casual meets every other requirement.

As per your suggestion I have had a play on the Fair Work website and found some applicable cases. Regular and systematic are not defined in the Act. Courts and tribunals have tended to give both terms a broad meaning. It is the employment itself that must be regular and systematic, as opposed to the hours/days being regular and systematic.

The term regular implies some form of repetitive pattern. Systematic requires that pattern of engagement shows an ongoing reliance on the employee’s services as an incident of the business by which he or she is engaged. In Ponce, Commissioner Roe stated that if an employer regularly offers work when suitable work is available at times when the employer knows that the employee has generally made themselves available; and that this work is accepted sufficiently often that it would be regarded as regular and systematic. I believe being engaged to work each school holiday period over a number of years would meet this standard and would be regarded as regular and systematic work.

Newbie

Replies 0

I note that the treasurer has now clarified that going forward that 16 and 17 years old must be financially independent to receive JobKeeper. I understand that we are to cease the payment going forward for this employee however we will be entitled to the payment in arrears for the fortnights paid so far.