Details 

 Created: 14 May 2020

The Western Australian Industrial Relations Commission will issue a General Order under s 50 Industrial Relations Act 1979 (WA) to provide private sector employers with further flexibility to manage employment arrangements in a manner that supports the JobKeeper Scheme established under the Coronavirus Economic Response Package Omnibus (Measures No.2) Act 2020 (Cth).

The General Order will provide for the following specific temporary measures:

1. A requirement that where a JobKeeper payment is payable, the employer is to provide eligible employees the value of the JobKeeper payment or the amount owed for work performed;
2. Ability for an employer to stand down employees (either fully or partially) because they cannot be usefully employed arising from the COVID-19 pandemic or government initiatives to slow the transmission of COVID-19;
3. Ability for an employer to alter the duties of work of an employee in order to continue employment of one or more employees of the employer;
4. Ability for an employer to alter the location of work in order to continue the employment of one or more employees of the employer; and
5. Options for an employer and employee to agree to work being performed on different days and times, provided that the employee does not unreasonably refuse an employer’s request.  

The General Order also sets out the ways employees, organisations and employers can refer disputes about the General Order to the Commission for conciliation and arbitration.  

These measures initially operated until 28 September 2020 and have now been extended to 28 March 2021.

The General Order will apply to all private sector employers and employees in the State system, whether covered by an award or not. State system employers generally include sole traders, partnerships, some trusts, some local government agencies and some non-for-profit organisations.

The Commission issued the Reasons for Decision on Thursday, 14 May 2020.

The General Order was issued on Friday, 15 May 2020.

The reasons for Decision can be read here.

The General Order can be read here.