Helen Berry v Kira Incorporated T/A Kira Community Services

[2020] FWC 2766

[2020] FWC 2766

FAIR WORK COMMISSION

REASONS FOR DECISION

Fair Work Act 2009
s.789GV - Application to deal with a dispute under Part 6-4C

Helen Berry
v
Kira Incorporated T/A Kira Community Services
(C2020/3800)

COMMISSIONER WILLIAMS PERTH, 2 JUNE 2020

Application to deal with a dispute in relation to JobKeeper.

[1] Ms Helen Berry (the Applicant) on 21 May 2020, applied under s.789GV of the Fair Work Act 2009 (the Act) for the Fair Work Commission (the Commission) to deal with a dispute about the operation of Part 6-4C of the Act. The Respondent is Kira Incorporated T/A Kira Community Services (the Respondent).

[2] At the conclusion of the telephone proceedings on 26 May 2020, I advised the parties I had decided to dismiss the application. These are my reasons for that decision.

[3] Part 6-4C was introduced into the Act by the Coronavirus Economic Response Package Omnibus (Measures No. 2) Act 2020. The Part authorises employers to give JobKeeper enabling directions to employees 1 and to make agreements with employees about when work is performed or taking annual leave. The Part also authorises employees who are subject to JobKeeper enabling directions to make requests of their employer regarding secondary employment, training or professional development.

[4] Section 789GV of the Act allows the Commission to deal with disputes about the operation of Part 6-4C.

[5] The Respondent has enrolled for the JobKeeper wage subsidy and the Applicant has completed a JobKeeper employee nomination notice and has received JobKeeper payments.

[6] The respondent has not:

1. Given the Applicant a JobKeeper enabling stand down direction under s.789GDC.

2. Given the Applicant a direction about the duties they are required to perform under s.789GE.

3. Requested the Applicant change the location where they perform work under s.789GF.

4. Requested the Applicant agree to perform their duties on different days or times under s.7890GG.

5. Requested the Applicant take paid annual leave under s.789GJ.

[7] In summary the dispute concerns the Applicant’s request that annual leave that was paid in two pay periods some time ago be re-credited to her.

[8] The Respondent submits this particular dispute is outside the jurisdiction of the Commission in this instance.

[9] Notwithstanding this objection the Respondent advised that it agreed in principle to re-credit the leave as the employee wished. The parties have agreed to finalise the details of this privately.

[10] This particular dispute is not a dispute about the operation of Part 6-4C of the Act.

[11] Consequently, the Commission has no power to deal with the dispute. The application is dismissed.

Printed by authority of the Commonwealth Government Printer

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 1   See s.789GC of the Act.