Need assistance with Covid 19 job keepers allowance and how it works please. Qld. My partner is permanently employed at

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Customer: Need assistance with Covid 19 job keepers allowance and how it works please.
JA: What state are you in? It matters because laws vary by location.
Customer: qld
JA: What steps have you taken so far?
Customer: my partner is permanently employed at a picture framing business working 35hrs/wk. the owner is refusing to close and has reduced business hours in turn reducing my partners hours of work. Other casual employees are now at home earning $750/wk (JK allowance) where they were only doing 20hrs previously for $500/wk. we feel this is unfair. Can her hours just simply be reduced like that or is she entitled to her full 35hrs pay regardless of the business hours
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just need to know what her entitlements are as she now has to home school her 2 daughters who are in senior high school.
Answered by John Melis in 7 mins 2 years ago
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John Melis
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your important comments, what is the outcome you would like to see result.

Customer
Where are you located?
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John Melis, Expert

Melbourne Australia

Customer
Hi John
Just need clarification on the Job Keepers Allowance.
Have you read the details I sent?
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John Melis, Expert

The job keepers allowance should be paid at $1500 per Fortnight directly to The employee by the employer who receives it from the government. The government is initiating this program as of May and it will be backdated to all employers. So at the moment the employer can pay the job keeper allowance to the employee. In addition I note the points below as well

In relation to your important matter, the employer has a duty of care to protect all employees. Where in the unfortunate situation you were to contract coronavirus in the office, the employer would be personally liable for such situation.

What the employer is doing at the present time is trying to protect all employees in this particular circumstance. However the employer should additionally do is invite you to take your entitlements that are due and payable to you if you have accrued those leave loading

Where you do not approved leave loading in this particular situation you would be taking leave without pay.

The argument on behalf of the employer would be that the contract has become frustrated due to the coronavirus situation.

What frustration means that neither party can perform the contract as a result of unusual events which are in someways known as an act of God.

What I suggest you do in this particular circumstances open up communication with the employer to find out if there are other solutions that you can work with in this particular instance especially where monies are needed to pay for daily living course

The whole of Australia is facing this pandemic crisis and everyone is facing difficulties in various ways and what your experience at the present moment is what many thousands of employees are having to deal with at the present time as well.

The best situation in your current circumstance is to communicate with your employer as much as possible about anyways you can obtain the relevant work at the present time. Maybe even from working from home in some respects.

Open communication with your employer will help greatly in this particular matter.

You also need to take into account the issue of frustration of contract.

Where a contract is frustrated, it comes to an end by operation of law rather than at the initiative of the other party. Frustration of contract may occur, for example, as a result of the death or imprisonment . However, the contracted party should be aware that the courts and tribunals are generally reluctant to find that a contract has been frustrated.

Nevertheless, it is possible to identify a number of situations where the question of frustration is likely to be a live issue. They include: death , imprisonment, change in economic circumstances, long-term illness or injury, loss of security clearance.

If a party considers that a contract has been frustrated it should communicate this to the other porty as soon as possible. Courts and tribunals may interpret a contractor’s inaction in the face of a frustrating event as an acknowledgment that the contract is still on foot.

Additionally, you may be able to terminate the contract on the basis of force majeure

a force majeure clause will allow an affected party to be relieved from its obligation to perform, or extend the timeframe for performance of, that obligation. A force majeure clause will have a list of specific triggering events, and may also contain a catch-all provision such as ‘and any causes beyond the reasonable control of the party’.

Triggering events include acts of God (earthquakes, storms, flood, and lightning strikes), war, terrorism, riot, insurrection and (sometimes) industrial action.

Force majeure events are required to be outside the reasonable control of a party claiming the event has occurred. Sometimes there are additional requirements negotiated between the parties, including exclusions for the acts or omissions of subcontractors as well as exclusions where the affected party could have taken reasonable steps to mitigate against the event. A force majeure clause will be construed against the party seeking to rely upon it.

Most clauses will provide that if the force majeure event is not resolved within a certain time, for example 60 days, then the parties will have the right to terminate the contract or perhaps to agree on a variation.

Where you are starting to experience financial hardship, the Australian government has implemented procedures with Centrelink where you can get an urgent cash payment to assist with meeting your bills. In addition you can also access your superannuation in advance before July by taking $10,000 out without penalty and a further $10,000 out after July.

The Government is temporarily expanding eligibility to income support payments and establishing a new, time-limited Coronavirus supplement to be paid at a rate of $550 per fortnight. This supplement will be paid to both existing and new recipients of the eligible payment categories. These changes will apply for the next six months.

Eligibility

Payment categories

The income support payment categories eligible to receive the Coronavirus supplement are:

  • Jobseeker Payment1 (and all payments progressively transitioning to JobSeeker Payment; those currently receiving Partner Allowance, Widow Allowance, Sickness Allowance and Wife Pension)
  • Youth Allowance Jobseeker
  • Parenting Payment (Partnered and Single)
  • Farm Household Allowance
  • Special Benefit recipients
    Anyone who is eligible for the Coronavirus supplement will receive the full rate of the supplement of $550 per fortnight.

The Australian government is implementing procedures very rapidly and you need to keep an eye on the newspapers which explain these procedures the Australian government is doing.

The government is providing a lot of support and you can find out about it here:

https://www.business.gov.au/Risk-management/Emergency-management/Coronavirus-information-and-support-for-business/Support-available-for-sole-traders

For example, did you know that if you are earning less than $1075 a fortnight that you are eligible for JobSeeker Payment? There have also been changes to waiting periods as well as the way that partner’s income is assessed which makes it easier for people to obtain a benefit.

LOAN PAYMENT DEFERRAL

Depending on who you bank with you may have access to defer your loan payments for up to 6 months. Be aware that whilst payments are deferred interest likely is not, this means that when you return to making payments your loan balance will likely have increased. More information is available in the below article:

https://www.abc.net.au/news/2020-03-21/mortgage-pause-coronavirus-nab-commonwealth-anz-westpac/12076690

EARLY ACCESS TO SUPERANNUATION

The Government is allowing individuals affected by the Coronavirus to access up to $10,000 of their superannuation in 2019-20 and a further $10,000 in 2020-21.

Accessing your superannuation is not a decision to be made lightly, many people’s superannuation balances have already reduced due to the impacts of the virus and withdrawing your funds now means that you will miss out on any bounce back in the market. That said, for some people, this will be a necessity and you can find information on this here:

https://treasury.gov.au/sites/default/files/2020-03/Fact_sheet-Early_Access_to_Super_1.pdf

LOCK-DOWN CCS PAYMENTS

A lot has been spoken about the legislation that was introduced into Parliament yesterday regarding changes to CCS and we have also had a lot of questions in the office.

Your next step is to go online to Centrelink complete the necessary application forms, there are various help me he's on Centrelink website, and this will help you to get urgent cash payments to meet your bills as they fall due.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
She is employed full time doing 35hrs /wk.
The business has reduced its hours and this has effected my partners income.
Is she entitled to her full 35hrs pay regardless of the circumstances?
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John Melis, Expert

I kindly request that you please scroll up. I have posted a reply for you that explains your options, if you cannot see the response, it may take a minute or two to show. I am here to assist you when you need.

​did you see my reply above

Customer
I did and have sent a reply on line
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John Melis, Expert

As a result of the coronavirus pandemic, the employer does have the right to reduce the number of hours of employees as a basis of an event that was out of control of the employer in this particular instance

Customer
Ok thank youCan you tell me if a picture framing business is classed as essential service?
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John Melis, Expert

it is not classed as an essential service

Customer
Thank you John
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John Melis, Expert

You are welcome, and thank you for supporting the community.

Customer
One more thing....The schools are closed for 5wks and kids are to be home schooled, as she is non essential worker will she still be able to send her kids to school?
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John Melis, Expert

yes she can if she choses to do so

Customer
Ok thanks
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John Melis, Expert

wish you a nice evening

Customer
You've been a great help
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John Melis, Expert

thank you

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