Originally Posted by
dr dre
Direct from the judgement
This, to an albeit untrained legal eye, would suggest that ending of border closures alone would not be sufficient to end stand downs. A return to near normal passenger numbers and an ending of the pandemic would have to happen as well.
Not exactly. Normality will not be able to be returned until these provisions expire;
https://coronavirus.fairwork.gov.au/...own-directions
Then it will fall back on negotiated EA's and any variations.
I highlight this section from this act.
When a directions ends
A qualifying employer could give an eligible employee a JobKeeper enabling stand down direction from 9 April 2020 (when the JobKeeper provisions started). A JobKeeper enabling stand down direction remains in effect until the first of the following:
- the employer stops being a qualifying employer
- the employee subject who is stood down by the direction stops being an eligible employee
- it is withdrawn, revoked or replaced (including by the Fair Work Commission, or
- the direction stops applying on 29 March 2021.
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