JobKeeper: Can bosses increase workers’ hours under virus payment?

A war of words has erupted between an Adelaide boutique owner and her employee over the $1500 JobKeeper payment. So, who’s in the right?

Scott Morrison’s office has weighed in on the war of words between a boss and worker over JobKeeper and the big question: can you demand a casual worker increase their hours if they want the $1500?

And the answer is bad news for the boutique boss Gina Romeo, who told her 21-year old staffer via text message, “You work when I need you.”

According to a government spokesman, the new laws do not allow a boss to demand a worker do more hours to get the JobKeeper cash.

“Businesses participating in JobKeeper cannot unilaterally increase an employee’s hours of work unless the relevant workplace instrument permits it,’’ the spokesman said.

“JobKeeper amendments to the Fair Work Act only allowed for reductions in hours, not increases.”

The Prime Minister was asked the same question at a press conference on Tuesday suggesting that bosses could ask workers to increase their hours, but his office later clarified this wasn’t the full story.

RELATED: Who’s eligible for JobKeeper

Celena Cristea claims she was asked work extra hours in return for the JobKeeper payment. Picture: Facebook

For example, if an employee is working four hours a fortnight and receiving $200, their employer cannot demand they work additional hours to get them up to the $1500 JobKeeper payment unless there’s a contract, enterprise agreement or award governing the employment relationship that allows this to happen.

If there is no such permission in an industrial instrument, the employee would receive $1500 for the same four hours’ work.

That’s good news for 21-year old Celena Cristea, who says she never asked her boss Gina to be paid to do nothing.

The nursing student was concerned she wouldn’t get paid for an entire month until the JobKeeper cash flowed on May 1.

“I wanted to work. I just wanted to get paid for it,’’ Ms Cristea said.

“I expected to be paid weekly. She said she had no money and she would give the money in a lump sum.

“I was concerned the hours were a bit much but I was doing it.”

RELATED: Boss’s blunt text message over $1500 payment

Boutique owner Gina Romeo says she didn’t have the cashflow to pay her worker immediately.

Ms Romeo said she simply didn’t have the cashflow to do that but had offered her employees some pocket money to tide them over before they were paid the lump sum.

In one text exchange, Ms Romeo said securing JobKeeper was contingent on Ms Cristea working longer hours.

“To earn $750 with me you will have to do about 25 hours. It’s black and white. If you don’t want to work those hours I won’t include you,’’ Ms Romeo wrote.

“Then you will have to go to Centrelink. Your choice.”

Screenshots of the text messages exchanged between Ms Romeo and Ms Cristea. Picture: Supplied

Ms Romeo said she had no regrets over the text messages.

“It’s tough. I just don’t have time. You know what I mean? I was doing her a favour,’’ she said.

“You should see what she says to me. I was being nice to her. I will tell you exactly what happened. I said, ‘I need you to work at least 15 hours.’

“She thought she was going to stay home and get JobKeeper. I said, ‘Are you the Prime Minister?’

“Don’t worry about the messages. She just didn’t want to do the hours. I haven’t got time for people who don’t want to work for me.

“She expected me to do all the work and she wanted to stay home and get JobKeeper.”

News.com.au has been inundated with employers and employees confused over the rules of the new $1500 a fortnight wage subsidy.

MasterChef’s Julie Goodwin said she wanted Australia to know there were also thousands of bosses with a good relationship with their team.

She said JobKeeper was a lifeline to help her staff at the cooking school she had been forced to shutdown over COVID-19.

MasterChef Julie Goodwin says she’s thankful for the JobKeeper scheme.

“As an employer, I am so grateful, so grateful. It’s easy to bash the bosses but good employers are trying to do the right thing,’’ she said.

“I don’t think I would be able to reopen my doors if this wasn’t there.

“It has been a little confusing.”

Ms Goodwin said she was a little surprised some casual workers would get a big pay rise because everyone gets $1500, but was happy to roll with it.

“The ‘one in, all in’ rule makes it nice and easy,’’ she said.

“I am just happy for them.”

Meanwhile, the war of words between Ms Romeo and Ms Cristea continues. Ms Cristea said she was still receiving texts from her former employer Ms Romeo this morning.

Do you have tip on JobKeeper? Has your employer refused to apply or are you a company that is worried you’re not eligible? Contact [e-mail]