All FAQs

The ATO suggests you speak to your financier as they are encouraging banks to use JobKeeper payments as "security" so to speak. Having said that, the ATO now states they have discretion to deem payment to have occurred - so there is leniency leading into the scheme.  

Each bank has a different eligibility criteria to access this support. Generally, this will apply to Small and Medium Enterprises with total lending limits up to $3m, less than $10m turnover and less than 100 employees. We suggest that  you support any request with an explanation as to how your business has been impacted by the COVID—19 pandemic, explaining what costs you have managed to contain or remove and, if possible, assess the impact that the pandemic is likely to have on your revenue and cash flow. If you can provide a 3 - 6 month forecast to support your request this would be very helpful and may speed up the process. If you are a current client of Perks, no matter what services you currently use, we can work with your bank on your behalf.

As the banks grapple with the impact that the COVID-19 pandemic on individuals and businesses we are seeing high wait periods with all the banks. The principle focus for banks at this point in time is assisting their customers who are impacted. Loan applications already ‘in the system’ (both residential and business) are being delayed. We continue to work very closely with the banks for all our clients. If you want us to take a look at your loan, you can expect the initial review and feedback from the Perks Finance team to take up to 5 business days.

Most banks have been contacting customers direct to explain what is on offer. If you are confident in negotiating directly with your bank, you should proceed. If you are not confident, you can talk with our Perks Finance Team (either direct or via your Perks Adviser); they will be able to advise and/or work with your bank on your behalf.

All banks are offering various kinds of support with the majority offering Small and Medium Enterprises the opportunity to do one of two things:

• convert Principal & Interest (P&I) facilities to Interest Only (IO) for up to 6 months; or,
• defer P&I repayments on your Business, Asset Finance or Equipment Loans for up to 6 months.

Our primary concern is to support our clients to be as equipped as possible to weather the current economic environment brought on by COVID-19. Even if we do not currently act as your Finance Broker, we can still work with your bank on your behalf. Before we can do so, we would need to review your circumstances and then we would let you know if we think we can be of assistance. From there, if we are able to assist, you would be quoted a fixed fee for service, depending on the complexity of your situation.

Coronavirus Assistance Available

To view your bank's response measures to COVID-19, click on their logo

Some of the restrictions to be contained in the code of conduct include:

• Landlords will not be able to terminate leases;
• Landlords will not be able to draw on their tenants’ security;
• Landlords must reduce their rent commensurate to the trading reduction of the tenant’s business. This “reduction in rent” can take the form of a waiver to account for at least 50% of the reduction in business, or a deferral of rent that must be covered over the balance of the lease term, but for no less than 12 months;
• Tenants must honour their leases, and landlords reducing rent proportionate to the trading reduction of the tenant’s business.

At a high level, the mandatory code of conduct will provide tenants a waiver or deferral on their rent where the tenant:

• Has a turnover of $50M or less; and
• Is entitled to participate in the JobKeeper Payment programme.

Yes. It is mandatory.

The code of conduct is to be legislated by each State and Territory and will bind both landlords and tenants.

It is up to the landlord and tenant to determine how the code is implemented having regard to their lease agreement.

The arrangements will be overseen by a binding mediation process administered by the States and Territories.

Banks are also being implored to “come to the table” and provide support for landlords.

More details will be known once the code of conduct is released.

There are no grouping provisions from our review of the Bills and Explanatory Memorandum.  Again however, there are anti-avoidance provisions designed to prevent the artificial obtaining of increased or additional boost payments.

A recent announcement from the ATO (22/04/20) has confirmed that instead of applying any excess credit from the activity statement that received the cash flow boost amount against other tax liabilities you may have, they will be refunded to you. It’s important to note that any excess amounts may still be applied against outstanding debts you have with other Australian Government agencies.

There are integrity measures in order to attain the cash flow boosts. The relevant employer must satisfy the following:

• The employer must have held an ABN on 12 March 2020; and
• The employer must have either:
• Derived assessable income from a business in the 2018-19 income year; or
• Made one or more supplies for consideration in the course of carrying on an enterprise within Australia in tax periods commencing after 1 July 2018 and ending before 12 March 2020; and
• The Commissioner was notified of the income or supplies before 12 March 2020 (i.e. the income or supplies were appropriately returned).

See also the next question.

There is an anti-avoidance measure in the Bill designed to deny the cash flow boosts where the entity (or an associate or agent of an entity) has engaged in a scheme for the sole or dominant purpose of seeking to make the entity entitled to the cash flow boost or increase the entitlement to the cash flow boost.

Yes, it applies for new assets only. That is:

• No other entity has held the asset other than as trading stock;
• No other entity has claimed depreciation deductions with respect to the asset; and
• No other entity has installed the asset ready for use in a business and the asset has only been installed and ready for use from 12 March 2020 and before 1 July 2020.

Generally, an entity is eligible for accelerated depreciation deductions if the:

• Income year is the year that the entity starts to use the asset, or has it installed ready for use for a taxable purpose;
• Entity has an aggregated turnover of less than $500M for the income year; and
• Asset is a qualifying asset.

An asset will not be eligible for accelerated depreciation where the:

• Asset is not a new asset.
• Decline in value of the asset has already been deducted under the instant asset write-off rules.
• Decline in value of the asset is determined under subdivision 40-E (low-value and software development pools).
• Decline in value of the asset is determined under subdivision 40-F (primary production assets).
• Decline in value of the asset is determined under subdivision 40-G to 40-K (pooled amounts).

The measure does not apply to assets where commitments to hold, construct or use the asset were entered into before 12 March 2020. The incentive is intended to stimulate new investment rather than benefiting investment that has already been committed.

Generally, a depreciating asset is a qualifying asset if, between 12 March 2020 and 30 June 2021:

• The entity starts to hold the asset; and
• The asset was first used, or
• Installed ready for use for a taxable purpose.

An asset held by an entity is not a qualifying asset if at any time before 12 March 2020 the entity:

• Entered into a contract where they would hold the asset;
• Started to construct the asset; or
• Started to hold the asset in some other way.

To qualify for Accelerated Depreciation, the asset has to be purchased and installed by 30 June 2021.

For assets acquired post 7:30pm, 6 October 2020, it depends on whether the business is a small, medium or large business, as follows:

• Small and Medium businesses can write-off the full cost of both new and second hand assets, subject to satisfying the other criteria;
• Large businesses can only write-off the full cost of new assets, subject to satisfying the other criteria;

The asset must be used, or installed ready for use, by 30 June 2023.

It commences on 7 October 2020, and closes to new entrants on 7 October 2021. The payments will continue until 6 October 2022. 

Eligible employers can receive the payment for up to 12 months once each new job is created. 

For example, if you create a new job on 6 October 2021, you will continue to receive the Credit until 6 October 2022. 6 October would be the last possible day to create a new job and still receive a full 12 months of JobMaker benefits under the scheme. 

a. You must have had a headcount increase 

b. You must have had a payroll increase 

c. A valid ABN 

d. Registered for PAYG withholding  

e. Be up to date with tax lodgements 

f. You have “eligible additional employees” 

To be eligible in each JobMaker Period, you must show an increase in employee headcount by the end of each period against your “baseline employee headcount”. 

The baseline employee headcount is your total number of employees as at 30 September 2020. This baseline will be adjusted for the second year of the Scheme, and updated as at 30 September 2021. 

The employees to be included in the headcount calculation includes full-time, part-time, casual, fixed-term and non-fixed-term employees. It excludes contractors and sub-contractors. 

For example, your employee headcount will be measured at 6 January 2021 for the first reporting period, and must be at greater than your employee headcount as at 30 September 2020.  

Your payroll for each reporting period is your total payroll across the reporting period. Your payroll needs to be higher than the “baseline payroll amount”.  

The baseline payroll amount is the total payroll expenses for all employees during the three month period that ends on 6 October 2020: 

• Salary and wages 
• Commissions 
• Overtime, shift and penalties 
• Bonuses 
• Allowances (other than a reimbursement of expenses or fringe benefit) 
• Amounts applied under an effective salary sacrifice arrangement 

It specifically excludes the following (not an exhaustive list): 

• Government paid parental leave 
• Expense reimbursements 
• Lump sum payments 
• Eligible termination payments 

When you register for JobMaker, you are required to share your current headcount and payroll. This is used to determine your baseline. 

  From there, each time you lodge a JobMaker claim, you will enter your wages paid for the period and your corresponding headcount. The ATO also checks your claim against Single Touch Payroll. 

They need to be an “Eligible Young Person” – this is someone aged 16-35 years.   They must have been receiving any of the following benefits for at least one month within the past three months before they were hired: 

• JobSeeker payment 
• Youth Allowance 
• Parenting Payment 

Note that this does not include JobKeeper payments.  The employee must work at least 20 paid hours per week on average for the full weeks they were employed over the reporting period.  Employees may be employed on a permanent, casual or fixed term basis.  The following are also specifically excluded as employees eligible for JobMaker Hiring Credit:

• Employees aged 16 to 29 years - $200 per week
• Employees aged 30 to 35 - $100 per week

If the increase in payroll for the reporting period was less than the total value of the credit that is being claimed, then you will receive the value of the payroll increase instead.

Registrations will open from 7 December 2020, and close at the end of each Claim period.

To register, employers must provide “baseline headcount”, “baseline payroll” and contact details. Perks can manage this whole process for your business, however it can be completed via ATO online services, the Business Portal.

You do not need to be registered before hiring eligible employers.

See the table below for when the claim periods commence for each “JobMaker Period”. Essentially it is paid quarterly in arrears after the end of each period, with three months to commence claims.
                 
You will receive funds once your submitted claims have been processed by the ATO. Note, claims cannot be amended after the claim period has ended.

Claims can be completed by Perks, or via the ATO online services or Business Portal.

You will need to provide:

• Baseline payroll amount
• Total payroll amount for JobMaker period
• Headcount at the end of the JobMaker period
• Confirm eligible employees

  Your Single Touch Payroll (STP) reporting for each JobMaker period must be finalised at least three days before the end of each claim period.

If you have registered for the Scheme and want to make a claim, they must complete a “JobMaker employee notice”. Perks can provide these, or they can be downloaded from the ATO website.

Newly established businesses and businesses with no employees at the reference date of 30 September 2020 are able to claim the JobMaker Hiring Credit where they meet the criteria.

The minimum baseline headcount is one for newly established businesses is one.

The purpose of employing someone is irrelevant – the only test is to ensure that headcount and payroll during each JobMaker Period have increased from the test period.

No. You are only eligible for JobMaker once you exit the JobKeeper Payment scheme.

An entity cannot participate in the JobMaker program if it is entitled to receive a JobKeeper payment in respect of an individual for a JobKeeper fortnight that begins during the JobMaker period. There is no prohibition where a JobKeeper fortnight ends during the JobMaker period — this allows an entity to cease its participation in JobKeeper and begin its participation in JobMaker without requiring a ‘gap’ between the two schemes.

If the employee is unwell, they can access personal leave. If they are well with no symptoms but must still quarantine, they should work from home if they are able to. If the employee cannot work from home, they will need to take annual leave, long service leave or, if they have no paid leave available, leave without pay. Also, an employer always has a discretion to allow leave in advance.

If the employee is unwell, they can access personal leave for time attending for test and while they are unwell and quarantining. If they are well with no symptoms but must still get tested, they will need to take annual leave, long service leave or, if they have no paid leave available, leave without pay. Also, an employer always has a discretion to allow leave in advance, or you may allow them the time off to take the test and make the time up at a later stage.

Whilst you can’t unilaterally reduce an employee’s pay (to do so would effectively amount to a termination of their contract, as their pay is a fundamental condition of their employment) you can enter into an agreement with an employee who agrees to take a “pay cut” by consent. Employees should not be coerced or forced to accept a pay cut, and any agreement that you do reach should be recorded clearly in writing, signed by both parties, and be clear about the duration of the temporary variation to pay. You also need to ensure that at no stage are you paying employees below their minimum Award entitlements.

Firstly consider whether they are able to perform their work at home. If they are, then that is preferable, and you would pay them their ordinary wage. If they are not able to work from home during a mandatory period of self-isolation (and they are not unwell), you may adopt to choose one of the following options:

• Choose to pay them discretionary payment;
• Allow the employee to use accrued entitlements such as annual leave, long service leave, time in lieu or rostered days off; or
• Consider whether you are prepared to grant the employee annual leave in advance (if the relevant Modern Award provides).
•  

Yes -  this is like any other situation if the employee is unwell – you can direct them to leave the workplace and ask them to obtain the medical certificate saying they are fit to return to work. You need to pay the employee for the period that you have sent them to go home to obtain a medical certificate – if they are certified as fit for work you would pay the employee as usual for the time they are away. If they are certified unfit for work and they need time off work then they can access personal/sick leave.

The Fair Work Commission, has extended an entitlement to Pandemic Leave and Annual Leave at half pay for approximately 71 Modern Awards, effectively providing an additional entitlement to millions of Award covered employees, to deal with the ongoing effects of the COVID-19 pandemic. These entitlements will remain in effect until 31 December 2021.

Pandemic Leave:  

1. Provide two (2) weeks’ unpaid Pandemic Leave for employees covered by some Awards who are required to self-isolate or are otherwise prevented from working because of measures taken by government or medical authorises in response to the COVID-19 pandemic.
2. This will be available in full immediately, rather than accruing progressively during a year of service.
3. Only some Awards contain this entitlement and it will remain in place until 31 December 2021 (unless extended further).
4. It will be available to full-time, part-time and casual employees (not pro-rated); and it will not be necessary for employees to exhaust their paid leave entitlements before accessing unpaid Pandemic Leave.

In a statement released by the Full Bench of the Fair Work Commission (which can be accessed here) it stated that the changes are in response to the "unique circumstances pertaining to the COVID-19 pandemic" and acknowledged that there is a ‘gap’ in the award safety net concerning employees who are required to self-isolate, when it comes to accessing leave. ‘gap’ in the award safety net concerning employees who are required to self-isolate, when it comes to accessing leave.

The request to work from home is a lawful and reasonable direction within the context of the employment relationship. Ensure that you are providing (paying for) any necessary equipment for them to work from home; computer, internet, phone etc to facilitate working from home.

First assess from a practicable perspective, can the employee work from home? If “yes” the employee should work from home and be paid their ordinary wages. If the employee is unable to work from home, then the employee can access their personal leave - an employee may take personal leave to provide care and support to an immediate family or household member, where the care or support is required because of an unexpected emergency. The unexpected emergency being the school closure.   A grey area arises when schools are open, however it has been encouraged, where you can to keep your children at home. Personal leave is not a legal entitlement in this situation, so an employee can either apply for annual leave, take leave without pay – or as an employer you could allow them to access some of their accrued personal leave on a discretionary basis.   

As an employer you have the same Work Health and Safety obligations to your employees whilst they are working from home as you would have whilst they are in the office.  That obligation is to take all reasonable and practicable steps to ensure health and safety whilst that person is working from home as well as others in the workplace – and that could include children. Many business may not have done much to ensure workplace health and safety, so at the very least you want to ensure you have a working from home checklist. If people are working from home for long periods of time, you may want to go to further measures. Another issue is productivity – employers may need to issue some guidelines to employees about what they are agreeing on and whether hours need to alter given they are balancing family responsibilities.

Significant changes in employees’ work environment and how they carry out their duties can cause unease and stress. It is encouraged that employers take active steps to minimise unease, stress or anxiety by:

• Establishing regular check–ins. It is vital that employers continue to check in with their teams - there are many platforms that will enable video-conferencing such as Microsoft teams and Zoom. Where possible it is encourage that team members use video and show their faces to make the meetings feel more personalised.
• Always encourage employees to take breaks, walk outside and step away from the ‘home office’.

Before reducing work hours, it is imperative that any applicable industrial instrument such as an enterprise agreement, award or employee contract is reviewed and complied with. An employer should be mindful of the following steps when coming to an agreement with employees to reduce hours:

• Consult with the employee and get their agreement
• Communicate the estimated duration of the reduction in hours
• Address the issue of leave entitlements, e.g will they accrue leave at their new reduced hours?

Reductions in hours or pay require mutual agreement in order to be lawful. If an employee does not agree, and as a business you are not financially able to retain their role due to business downturn, then you may have little option but to make the employee redundant. Ensure you always seek advice before proceeding with a redundancy to ensure that you are complying with relevant Award provisions and the Fair Work Act in doing so.

Genuine casuals are engaged day to day and so if there is no more work to offer them going forward then they are not stood down (nor made redundant or terminated) legally. However you need to check that your casual employees are genuinely classified as casual (not working regular and systematic hours) as that then raises the question of whether the casual is actually genuine. You will need to seek advice specifically regarding the circumstances of your casuals and their working patterns.

No – there is no legal entitlement to be paid annual leave during a true stand down. It is at the discretion of the employer if they are willing and able to allow employees to access accrued annual leave entitlements during a stand down. It is important to keep in mind that any agreement to do so should be recorded in writing.

As no payments are required to be paid during stand down, there is no obligation to pay superannuation. Whether an employee chooses to access Centrelink benefits is really a matter for the individual.

Yes – If you stand down employees under the Fair Work Act, your employees are still entitled to be paid for public holidays that fall during a stand down period – but only where the public holiday falls on a day that the employee would have ordinarily worked. For example, a permanent part time employee who works Tuesdays, Wednesdays and Thursdays would not be entitled to be paid for a public holiday that falls on a Monday or Friday. However, a full time employee who would usually work Monday to Friday would be entitled to be paid for the public holiday during stand down.

Stand Down: Employees who cannot be usefully employed by a business as a result of a stoppage of work for reasons outside of the employer’s control, can be lawfully “stood down” without pay. Effectively this means they are still employed by the business, but are stood down temporarily until the stoppage is lifted and the employer can recommence operations.   Redundancy A redundancy is effectively a termination – the employer has decided that due to financial downturn, that it no longer requires the employee’s role to be performed by anyone, and there is no other role that the employee can be redeployed into. In some circumstances, the employee will be entitled to a redundancy payment.

If you are forced to temporarily close down your business due to a stoppage of work that you as an employer cannot be held responsible for (such as a Government ordered closure), then under the Fair Work Act you can stand down employees without pay. Events such as the current COVID-19 pandemic, can place businesses in circumstances where they are unable to usefully employ an employee or group of employees. It is critical that there is a stoppage of work to trigger a stand down. That is, all or part of the business must cease operations in order to lawfully stand employees down without pay. Employers should ask:

• Is there a stoppage of work?
• Is it for a reason reasonably outside my control?
• Can the affected employees be employed to perform useful work?

Always seek advice before utilising the stand down provisions in the Fair Work Act, to ensure they apply to your business.

Stand Down: Employees who cannot be usefully employed by a business as a result of a stoppage of work for reasons outside of the employer’s control, can be lawfully “stood down” without pay. Effectively this means they are still employed by the business, but are stood down temporarily until the stoppage is lifted and the employer can recommence operations.   Redundancy A redundancy is effectively a termination – the employer has decided that due to financial downturn, that it no longer requires the employee’s role to be performed by anyone, and there is no other role that the employee can be redeployed into. In some circumstances, the employee will be entitled to a redundancy payment.

Yes – If you stand down employees under the Fair Work Act, your employees are still entitled to be paid for public holidays that fall during a stand down period – but only where the public holiday falls on a day that the employee would have ordinarily worked. For example, a permanent part time employee who works Tuesdays, Wednesdays and Thursdays would not be entitled to be paid for a public holiday that falls on a Monday or Friday. However, a full time employee who would usually work Monday to Friday would be entitled to be paid for the public holiday during stand down.

No – there is no legal entitlement to be paid annual leave during a true stand down. It is at the discretion of the employer if they are willing and able to allow employees to access accrued annual leave entitlements during a stand down. It is important to keep in mind that any agreement to do so should be recorded in writing.

Genuine casuals are engaged day to day and so if there is no more work to offer them going forward then they are not stood down (nor made redundant or terminated) legally. However you need to check that your casual employees are genuinely classified as casual (not working regular and systematic hours) as that then raises the question of whether the casual is actually genuine. You will need to seek advice specifically regarding the circumstances of your casuals and their working patterns.

It does not necessarily need to be caused by COVID-19 (not the only reason to stand down) however under Section 524 of the Fair Work Act a stand down is when some or all of the employees of a business are temporarily unable to be usefully employed due to a stoppage of work outside of the employer's control (this would apply during any government enforced lockdown and your business is not eligible to be open). You should seek advice if you are not sure.

This may not be a true stand down if there is useful work available for them. If they perform any work during a stand down there would be an expectation they will be paid for the work carried out.

As no payments are required to be paid during stand down, there is no obligation to pay superannuation. Whether an employee chooses to access Centrelink benefits is really a matter for the individual.

If you are forced to temporarily close down your business due to a stoppage of work that you as an employer cannot be held responsible for (such as a Government ordered closure), then under the Fair Work Act you can stand down employees without pay. Events such as the current COVID-19 pandemic, can place businesses in circumstances where they are unable to usefully employ an employee or group of employees. It is critical that there is a stoppage of work to trigger a stand down. That is, all or part of the business must cease operations in order to lawfully stand employees down without pay. Employers should ask:

• Is there a stoppage of work?
• Is it for a reason reasonably outside my control?
• Can the affected employees be employed to perform useful work?

Always seek advice before utilising the stand down provisions in the Fair Work Act, to ensure they apply to your business.

Before reducing work hours, it is imperative that any applicable industrial instrument such as an enterprise agreement, award or employee contract is reviewed and complied with. An employer should be mindful of the following steps when coming to an agreement with employees to reduce hours:

• Consult with the employee and get their agreement
• Communicate the estimated duration of the reduction in hours
• Address the issue of leave entitlements, e.g will they accrue leave at their new reduced hours?

Reductions in hours or pay require mutual agreement in order to be lawful. If an employee does not agree, and as a business you are not financially able to retain their role due to business downturn, then you may have little option but to make the employee redundant. Ensure you always seek advice before proceeding with a redundancy to ensure that you are complying with relevant Award provisions and the Fair Work Act in doing so.

Through consultation and mutual agreement you can reduce their working hours, you must still meet any hourly rate under the applicable Award. You need to ensure that the agreement is in writing and the employee signs off on the agreement. In the letter you would want to include the duration of the reduction of hours, that their leave will accrue, at the reduced hours and that it is temporary and subject to review given the changing nature of the COVID-19 pandemic. Ensure you check any consultation requirements with the applicable Award.

Pandemic Leave:  

1. Provide two (2) weeks’ unpaid Pandemic Leave for employees covered by some Awards who are required to self-isolate or are otherwise prevented from working because of measures taken by government or medical authorises in response to the COVID-19 pandemic.
2. This will be available in full immediately, rather than accruing progressively during a year of service.
3. Only some Awards contain this entitlement and it will remain in place until 31 December 2021 (unless extended further).
4. It will be available to full-time, part-time and casual employees (not pro-rated); and it will not be necessary for employees to exhaust their paid leave entitlements before accessing unpaid Pandemic Leave.

In a statement released by the Full Bench of the Fair Work Commission (which can be accessed here) it stated that the changes are in response to the "unique circumstances pertaining to the COVID-19 pandemic" and acknowledged that there is a ‘gap’ in the award safety net concerning employees who are required to self-isolate, when it comes to accessing leave. ‘gap’ in the award safety net concerning employees who are required to self-isolate, when it comes to accessing leave.

The Fair Work Commission, has extended an entitlement to Pandemic Leave and Annual Leave at half pay for approximately 71 Modern Awards, effectively providing an additional entitlement to millions of Award covered employees, to deal with the ongoing effects of the COVID-19 pandemic. These entitlements will remain in effect until 31 December 2021.

It depends on when your policy commenced. For any new life insurance policy issued after 1 March 2020, there may be an exclusion imposed under your policy if your occupation is of a high-risk nature (i.e. front line medical workers who have a high risk of exposure to the virus). Please check the wording of your policy document to determine if an exclusion exists but if you’re still unsure, contact your Perks life risk specialist advisor. For any policy issued prior to this date, there are no specific exclusions for COVID-19.

COVID-19 is not a specified condition under any trauma policy. However, a payment may be considered if you are placed in intensive care for a minimum of 10 consecutive days and meet the requirements of the intensive care trauma event or are diagnosed with chronic lung failure (please refer to your Policy Document for the requirements to meet these Trauma events.

Unless a specific exclusion isn’t applied to your policy as mentioned above, an Income Protection payment would be considered if you have contracted the virus and meet the terms and conditions that apply to your policy.