Ms Melanie Gage v Great Beginnings Secret Harbour (G8 Education)

[2020] FWC 2625

[2020] FWC 2625

FAIR WORK COMMISSION

DECISION

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

Ms Melanie Gage
v
Great Beginnings Secret Harbour (G8 Education)
(C2020/3593)

COMMISSIONER WILLIAMS PERTH, 19 MAY 2020

Application to deal with a dispute in relation to JobKeeper.

[1] Ms Melanie Gage (the Applicant) on 15 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 Great Beginnings Secret Harbour (G8 Education) (the Respondent).

[2] At the conclusion of the telephone proceedings on 19 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] It appears the Respondent has enrolled for the JobKeeper wage subsidy and that the Applicant has completed a JobKeeper employee nomination notice.

[6] By agreement the Applicant has not attended work since 20 April 2020. The Respondent has requested the Applicant now return to work to resume her normal duties and hours. The Applicant however is unwilling to resume work due to concerns about the well-being of her daughter. The Applicant and her employer are attempting to resolve their differences about the situation.

[7] In this case the Respondent has not given the Applicant a JobKeeper enabling direction nor has the Respondent given the Applicant a request to make an agreement as is provided for in section 789GG or 789GJ of the Act.

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

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

Printed by authority of the Commonwealth Government Printer

<PR719490>

 1   See s.789GC of the Act.