Students and the JobKeeper Payment: Knowing Your Rights

By Jossie Warnant 

The Australian government’s $130 billion JobKeeper payment officially kicks in today with employers set to receive the first payments from the ATO from the first week of May. This scheme is offering much needed relief to thousands of workers across Australia, with over 540,000 companies having formally registered for the subsidy. So, what are your rights when it comes to the JobKeeper payment?

Who is eligible for JobKeeper?
Employees are eligible if they were either a full-time or part-time employee at 1 March 2020 or were a long-term casual employee as at 1 March 2020, and not a permanent employee of any other employer. Unfortunately, this means casuals who have been with an employer for less than one year are not eligible for the JobKeeper payment, meaning approximately 1.1 million casuals will miss out on this payment.

To be eligible for JobKeeper you must also be an Australian resident and you cannot have been in receipt of government parental leave or workers compensation payments. 

You also have to agree to being nominated by your employer. By now, your employer should have discussed with you whether or not you are eligible for the payment. Any disputes about whether an employee or employer is eligible for the JobKeeper payment should be directed to the Australian Taxation Office. 

How much money should I be getting? 
Eligible employers are entitled to a fixed amount of $1500 per fortnight (before tax). It’s important to remember that your take-home amount won’t necessarily be the full $1500 as you will still have to pay income tax on this amount. If you haven’t been stood down, you are also still eligible for superannuation payments already specified in your contract. 

The payment will officially start on May 1st and employers will have until May 8th to make payments for April. 

What if I usually earn less than $1500?
If you usually earn less than $1500 a fortnight (before tax), your employer must still pay you at a minimum, $1500 per fortnight. This means that you could end up earning more than you are usually paid. 

If you usually earn less than $1500, your employer cannot ask you to work more to receive the full amount. They can ask you to work more or less in the process of conducting regular business but not at the expense of receiving the full payment.

If I have been stood down, how much money will I receive?
If you have been stood down by your employer, and your employer is eligible for the JobKeeper Payment, and they elect to participate your employer will receive $1500 per fortnight for each eligible employee. 

If your employer has useful work for you to complete, they might ask you to come back to work and perform your regular duties. Your employer can also ask to remain stood down and in this case you are still entitled to the JobKeeper payment, as long as you are still employed by the business. 

What happens if my employer closes down or goes into administration? 
If your employer goes into administration, you can still access the JobKeeper payment. But if your position has been made redundant or the business is ultimately closed you will no longer be eligible for the payment. 

If this occurs, you are likely to be able to access other government benefits such as the JobSeeker payment. Read our article about what to do if you’ve lost your job. 

Can my employer ask me to do extra tasks? 
Employers can direct employees to perform other duties. But your employer has to make sure that these tasks are within your skill level and competency. The most important thing is that you are safe to do these other tasks and that you have any of the relevant licenses required to perform these duties. 

What if my employer asks me to share my JobKeeper payment with the business?
Your employer cannot ask you to share part of the payment with the business or any other employee and cannot take an administrative fee from the payment. 

What if I am on a temporary work visa? 
New Zealand citizens that hold the Subclass 444 Special Category Visa will be eligible for the JobKeeper payment but the JobKeeper payment does not apply to any other temporary visa class. International students are unfortunately not eligible for the JobKeeper or JobSeeker payments. 

Molly Willmott, President of the National Union of Students, spoke to the ABC about how over 480,000 international students will not be eligible to receive the JobKeeper payment, with many struggling to manage. 

The National Union of Students petitioned for international students and casuals who have been employed for less than 12 months to be included in the JobKeeper payment scheme but were unsuccessful. Some states have provided additional funding for international students but this is so far not the case in NSW.

At this challenging time, reach out to friends and family and do not hesitate to speak to someone if your mental health is suffering. Here are some useful numbers and websites: 

USyd mental wellbeing support line
Call 1300 474 065 (accessible within Australia)
Text 0488 884 429 (for sms chat option)

eheadspace 
https://headspace.org.au/eheadspace/
1800 650 890