Job Support Scheme Information for Employers

What do employers need to do if they want their employees to agree to participate in the Job Support Scheme?

Employers who want their employees to participate in the Job Support Scheme will have to negotiate and agree with their employees variations to the employment agreements that cover the eligible employees.

Employers must negotiate any variations to employment agreements in good faith.  Employers must provide information to employees when they are considering changes that will affect employees’ jobs and give the employees an opportunity to contribute to the employer’s decision. Explaining to an employee why changes are being considered, and seeking his or her views before making a decision, is consistent with the good faith requirement and can help to prevent uncertainty, distress and resentment.

When negotiating any variations to an individual employment agreement an employer must:

• Follow any processes set out in the employment agreement around negotiating variations
• Provide the employee with a copy of the proposed variation
• Advise the employee that he or she is entitled to seek independent advice about the proposed variation
• Give the employee a reasonable opportunity to seek that advice
• Consider and respond to any issues that the employee raises.

Making changes to a collective agreement requires negotiation between the employer and the union that represents the employees covered by the agreement. The collective agreement will include a clause that states how the agreement can be varied.

What things should employers consider before negotiating variations to employment agreements for the Job Support Scheme?

The key issue for employers to consider is whether or not employees receiving the allowance will be ‘at work’ on the ‘10th day’ of the ‘9 day fortnight’. If employees continue to be ‘at work’ on the “10th day”, for example, undertaking work-related training, then the employer’s normal statutory responsibilities (including for health and safety) are likely to continue for that time. 

The agreed variations to employment agreements should state whether or not the employees will be ‘at work’.  However, what happens in practice will ultimately determine whether or not an employee was ‘at work’ at any particular time.

Employers should consider the following matters before starting negotiations with employees:

• Whether the proposed variations will amount to a reduction in work or to a change in what is being done at work
• If there is a reduction in work proposed:
• the amount by which an employee’s hours of work should be reduced
• over what period does the employer intend the employees to work reduced hours
• If there is no reduction in work proposed, describe what employees will be required to do during the hours that would be covered by the Job Support Scheme allowance
• What other terms and conditions of employment could be affected by the proposed variations and receipt of the Job Support Scheme allowance
• Planning for future events. For example, what will happen to the employees’ terms and conditions of employment if the employer ceases to receive the Job Support Scheme allowance for any reason
• The length of time that the variation will apply (for example, for six months or less), and the date on which the previous terms and conditions will resume.

If you have questions about how working a nine day fortnight will affect you, you can check the Department of Labour’s FAQ Knowledgebase.

back to top

This page was last updated on: 13-Oct-2009 and is current.