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Guideline for Employers Wage Subsidies for Participants in the Online Employment Services Trial Wage Subsidies are a discretionary financial incentive to encourage Employers to hire eligible participants in an ongoing job by contributing to the initial costs of hiring a new employee. Wage Subsidies can help to build a business and give Employers greater flexibility in their hiring options. The Online Employment Services Trial (OEST) will provide participants an opportunity to self-manage their job search for up to six months, before being transferred to an employment services provider (such as a jobactive Provider). A participant in the OEST is considered to be participating in the jobactive program. While Employers are generally only eligible to receive Wage Subsidies in respect of participants who have been receiving services from an employment service provider for at least six months, some participants in the OEST will be eligible for wage subsides from the commencement of their participation in the OEST. Participant eligibility for the Wage Subsidy will be confirmed by the Department of Employment, Skills, Small and Family Business (the Department) on application by the Employer. The purpose of this advice is to provide information to Employers about: how Employers can apply for Wage Subsidies if they are considering employing an OEST Participant; the eligibility requirements for Wage Subsidies how Wage Subsidy Agreements for OEST Participants (referred to as ‘OEST Wage Subsidy Agreements’) will be managed. The Department will manage OEST Wage Subsidy Agreements for eligible participants who remain in the Trial post gaining employment whose Employer applies for, and receives, a Wage Subsidy. Where a participant is referred from the Trial to an employment services provider prior to the OEST Wage Subsidy Agreement being finalised, the OEST Wage Subsidy Agreement will continue to be managed by the Department. Version: 2.0 Published on: 13 November 2019 Effective from: 13 November 2019 Changes from the previous version (Version 1.1) Policy changes: Removal of Kickstart and Kickstart payments Changed definition of Pre-Existing Employment, which now includes all previous employment with the Employer

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Guideline for Employers Wage Subsidies for Participants in the Online Employment Services Trial Wage Subsidies are a discretionary financial incentive to encourage Employers to hire eligible participants in an ongoing job by contributing to the initial costs of hiring a new employee. Wage Subsidies can help to build a business and give Employers greater flexibility in their hiring options.

The Online Employment Services Trial (OEST) will provide participants an opportunity to self-manage their job search for up to six months, before being transferred to an employment services provider (such as a jobactive Provider). A participant in the OEST is considered to be participating in the jobactive program.

While Employers are generally only eligible to receive Wage Subsidies in respect of participants who have been receiving services from an employment service provider for at least six months, some participants in the OEST will be eligible for wage subsides from the commencement of their participation in the OEST. Participant eligibility for the Wage Subsidy will be confirmed by the Department of Employment, Skills, Small and Family Business (the Department) on application by the Employer.

The purpose of this advice is to provide information to Employers about:

how Employers can apply for Wage Subsidies if they are considering employing an OEST Participant;

the eligibility requirements for Wage Subsidies

how Wage Subsidy Agreements for OEST Participants (referred to as ‘OEST Wage Subsidy Agreements’) will be managed.

The Department will manage OEST Wage Subsidy Agreements for eligible participants who remain in the Trial post gaining employment whose Employer applies for, and receives, a Wage Subsidy. Where a participant is referred from the Trial to an employment services provider prior to the OEST Wage Subsidy Agreement being finalised, the OEST Wage Subsidy Agreement will continue to be managed by the Department.

Version: 2.0 Published on: 13 November 2019 Effective from: 13 November 2019

Changes from the previous version (Version 1.1)

Policy changes:

Removal of Kickstart and Kickstart payments

Changed definition of Pre-Existing Employment, which now includes all previous employment with the Employer

Advice for Employers OEST Wage Subsidies

Effective from: 13 Nov 19 version 2.0 Page 2 of 15

Wording changes:

Clarification of which Australian Apprenticeships Incentives Programme payments can be received in conjunction with a Wage Subsidy Wording changes and edits throughout the Guideline to improve descriptions and ensure consistency with the Managing Wage Subsidies guideline, including Header Agreement template and Schedule.

Defined Terms

‘Employer’ is the owner or manager of a business that meets the eligibility requirements for a Wage Subsidy

‘days’ refers to calendar days.

Related documents and references jobactive Privacy Guideline1 Learning Centre Home Page2 Wage Subsidy Home Page3 jobactive Wage Subsidy Home Page4 Fair Work Act 20095

1 https://ecsnaccess.gov.au/sites/SecureSitePortal/jobactive/Guidelines/Servicing/Pages/default.aspx 2 https://ecsnaccess.gov.au/sites/learningcentre/EmploymentServices/Pages/home.aspx 3 https://www.employment.gov.au/wage-subsidies 4 https://jobsearch.gov.au/employerinfo/WageSubsidies.aspx 5 https://www.legislation.gov.au/Details/C2017C00323

Guideline for Employers OEST Wage Subsidies

Effective from: 13 Nov 19 version 2.0 Page 3 of 15

Contents

1. Wage Subsidy Types and Amounts 4

2. Eligibility requirements 5

Participant Eligibility 5

Not eligible — Family Members 5

Employer Eligibility 5

Government Entity Eligibility 6 Change of Business Ownership 6

Placement Eligibility 6 Required Working Hours 7 Leave 7 Work Trials 8

3. Negotiation of OEST Wage Subsidy Agreements 8

4. Payments to Employers 8

When are Payments Recoverable? 9

Calculating Payments for Early Terminations 9

Payments to Employers 9

5. Concurrent Funding 10

Australian Government Wage Subsidies 10

Australian Apprenticeships Incentives Programme 10

Other incentives received under the AAIP to support a training program are not considered a Wage Subsidy so Employers may receive these incentives concurrently with a Wage Subsidy. 10

State and territory government wage subsidies 10

Summary of Documentary Evidence 10

OEST Wage Subsidy Agreements 10

Evidence from Employers—OEST participant employment 10

Attachment A 12

Preliminary: 12 The employment position: 12 Payment: 13 Compliance and Remedies: 13 Assignment and Novation: 14 Privacy Statement: 14 Freedom of Information: 14

Guideline for Employers OEST Wage Subsidies

Effective from: 13 Nov 19 version 2.0 Page 4 of 15

1. Wage Subsidy Types and Amounts

Employers may be able to access up to $10,000 (GST inclusive) through the following Wage Subsidies

for employing an eligible OEST Participant:

Indigenous Australians have immediate eligibility for a Wage Subsidy if they:

o are identified in the Department’s IT Systems as an Indigenous Australian from registration with the Department of Human Services – Centrelink or in the Department’s Job Seeker Classification Instrument

o are a Fully Eligible Participant Commenced with a jobactive, Transition to Work (TtW) or ParentsNext Provider

o had Mutual Obligation Requirements when they commenced in the Wage Subsidy Placement (job placement).

Restart:

o are 50 years of age or older

o have received any Department of Human Services (DHS—Centrelink) or Department of Veterans’ Affairs Income Support Payment or pension (including Age Pension or Austudy) for the last six months

o are registered with a jobactive, ParentsNext, Disability Employment Services (DES) or Community Development Programme (CDP) Provider at the time the Wage Subsidy Agreement is created in ESS Web.

Youth Bonus if the OEST Participant is 15–24 years of age

o are a Fully Eligible Participant Commenced with a jobactive, TtW or ParentsNext Provider

o have received employment services from a Provider (jobactive, TtW, are ParentsNext, DES or CDP) continuously for the last six months

o have Mutual Obligation Requirements at the time they commence in the Wage Subsidy Placement.

If the Participant loses the Youth Bonus wage subsidised job through no fault of their own within six months of starting, they may return to a Provider and immediately be eligible for a Youth Bonus Wage Subsidy, or any other, Wage Subsidy they are otherwise eligible for.

Youth: if the OEST Participant is 25–29 years of age:

o are a Fully Eligible Participant Commenced with a jobactive or ParentsNext Intensive Stream Provider

o have received employment services from a Provider (jobactive, TtW, ParentsNext, DES or CDP) continuously for at least the last six months

o have Mutual Obligation Requirements at the time they commenced in the Wage Subsidy Placement.

Parents:

o if the OEST Participant receives Parenting Payment, or if they are a principal carer of a child receiving an Income Support Payment

o are a Fully Eligible Participant Commenced with a jobactive, TtW or ParentsNext Intensive Stream Provider

o have received employment services from a Provider (jobactive, TtW, ParentsNext, DES or CDP) continuously for the last six months

o have Mutual Obligation Requirements at the time they commenced in the Wage Subsidy Placement.

Long Term Unemployed & Indigenous Wage Subsidy

Guideline for Employers OEST Wage Subsidies

Effective from: 13 Nov 19 version 2.0 Page 5 of 15

o are a Fully Eligible Participant Commenced with a jobactive, TtW, or ParentsNext Intensive Stream Provider

o have received employment services from a jobactive, TtW, ParentsNext, DES or CDP Provider continuously for the last 12 months

o have Mutual Obligation Requirements at the time they commenced in the Wage Subsidy Placement.

2. Eligibility requirements

Each Wage Subsidy has specific eligibility criteria to ensure assistance is appropriately targeted.

The Department will only enter into an OEST Wage Subsidy Agreement with an Employer, and pay

Wage Subsidies to that Employer, for OEST Participants who meet the eligibility requirements

specified in this advice.

The Department has the discretion to determine whether a wage subsidy is offered and may choose

not to offer a wage subsidy even if all eligibility requirements are met.

Participant Eligibility

Subject to this advice, an OEST Participant is only eligible for a Wage Subsidy if the Department confirms that they are eligible.

Employers can confirm if an OEST Participant is eligible by contacting the Department on the following number 13 62 68.

A Participant can only attract one Wage Subsidy at any given time.

Not eligible — Family Members

OEST Participants must not be immediate family members of the Wage Subsidy Employer. The

Department uses the following definitions of immediate family members from the Fair Work Act

2009 (www.fairwork.gov.au/about-us/legislation):

a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee

b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the

employee.

The Department interprets this to include in-laws of both the employee and their partners to ensure

no conflict of interest, real or perceived, or a person gaining an unfair advantage due to a family

relationship compared with another member of the public.

Examples:

1. The Participant cannot be the Employer’s brother.

2. The Participant’s spouse cannot be the Employer’s sister.

3. The Participant can be a niece, nephew or cousin of the Employer.

Employer Eligibility

To be eligible to receive a Wage Subsidy for an OEST Participant, an Employer must be a legal entity

with a valid Australian Business Number (ABN).

An Employer can be a labour hire company or group training organisation. If a labour hire company

or group training organisation is receiving a Wage Subsidy for an OEST Participant, they must

disclose this to the business taking on the OEST Participant.

Guideline for Employers OEST Wage Subsidies

Effective from: 13 Nov 19 version 2.0 Page 6 of 15

An Employer must not:

be suspended or excluded from receiving Wage Subsidies

have previously employed the OEST Participant

displace an existing employee to employ the OEST Participant.

Government Entity Eligibility

A Wage Subsidy Employer must not be an Australian Government or state or territory government

entity.

Similarly, the Employment Position cannot be funded by an Australian, state or territory government

entity.

Example:

A Wage Subsidy Agreement cannot be entered into for an employment position / host employment

with the Department of Employment, Skills, Small and Family Business.

A Wage Subsidy Employer can be a local government entity, provided the employment position is

not funded by an Australian, state or territory government entity.

If an Employer claims they are not an Australian, state or territory government entity, they must

provide proof to the Department.

Change of Business Ownership

If an Employer’s business changes ownership, the new owner is eligible to claim the remaining Wage

Subsidy, provided all other eligibility criteria and program requirements are met.

If the new owner is eligible and requests to claim the Wage Subsidy, then the OEST Wage Subsidy

Agreement must be novated between the parties in accordance with their own legal advice.

Placement Eligibility

A Wage Subsidy Placement can be:

full-time, part-time or casual employment

an apprenticeship or traineeship.

A Wage Subsidy Placement must:

o be declared by the Employer as a sustainable, ongoing position, offering an average of 20 hours per week over 26 week duration of the OEST Wage Subsidy Agreement, and expected to last more than 26 weeks;

o comply with employment standards for the position as established under all relevant Commonwealth, state or territory law (for example, be suitable work that pays the minimum award wage)

o not be offered to an Employer that has previously employed the Participant

o paid work trials are not considered pre-existing Employment

o not displace an existing employee

o not be a commission-based, self-employment or subcontracted position.

Employers approved by the Department to receive a Wage Subsidy must enter into an OEST Wage

Subsidy Agreement (Attachment A) with the Department within 84 days from the commencement of

the Wage Subsidy Placement.

Guideline for Employers OEST Wage Subsidies

Effective from: 13 Nov 19 version 2.0 Page 7 of 15

Required Working Hours

All Wage Subsidy Placements must average at least 20 hours of work per week over the 26 week

duration of the OEST Wage Subsidy Agreement.

Example:

Based on an OEST Participant completing the 26 weeks in a Wage Subsidy.An OEST Participant

working 10 hours per week for 13 weeks and then 30 hours per week for the following 13 weeks will

meet the required average of at least 20 hours per week, where the claim period is for 26 weeks.

Where an OEST Participant commences Employment part way through an Employer’s pay cycle, the

26 weeks is counted from the day the Employment starts, not the beginning of the Employer’s pay

cycle.

Example:

An OEST Participant commences work on the last day of the Employer’s pay cycle and works a five-

hour shift. There are still 25 weeks plus six days available over the OEST Wage Subsidy Agreement to

meet the required hours.

Leave

Approved leave is leave that the Employer agrees to and must provide as part of the minimum

Employment entitlements set out in the National Employment Standards (NES) — Fair Work Act

2009 (Cth) s61. Visit the NES Site at: www.fairwork.gov.au/employee-entitlements/national-

employment-standards.

Approved leave cannot be used to regularly supplement a Participant’s work hours to meet the 20

hour per week requirement.

A Wage Subsidy Participant declining shifts or not turning up to rostered work hours is not approved leave.

Documentary Evidence:

Evidence of Approved Leave (paid or unpaid) must:

be recorded on the OEST Participant’s payslip

show that the Employer agreed to the leave at the time the OEST Participant requested it

be on a signed declaration by the Employer.

All periods of approved leave recorded in payroll evidence, count towards the Participant’s 20 hours

of work per week requirement.

If leave is approved, any Payments made to the Employer must not exceed 100 per cent of the OEST

Participant’s wage.

Examples: approved leave

1. An Employer only requires the OEST Participant to work 15 hours per week. The Employer

cannot approve unpaid leave of five hours every week to bring the total hours worked to 20

hours per week to claim the Wage Subsidy payment.

Guideline for Employers OEST Wage Subsidies

Effective from: 13 Nov 19 version 2.0 Page 8 of 15

2. An OEST Participant is regularly working 20 hours per week. On one of these weeks, the

Participant works 17 hours and has three hours of approved leave under the relevant award. The

Employer can claim 20 hours of work for the Participant for that week through the OEST Wage

Subsidy Agreement.

Work Trials

For the purpose of claiming a Wage Subsidy, a paid work trial is not considered pre-existing

employment. A paid work trial cannot be for more than two consecutive calendar weeks.

OEST Wage Subsidy Agreements can begin at the start of the paid work trial, or immediately after

the paid work trial ends where ongoing employment commences. Work trials must meet Fair Work

Act requirements, which set out the reasonable circumstances of a paid and unpaid work trial.

OEST Wage Subsidy Agreements cannot include periods of unpaid work trials,

including work experience.

3. Negotiation of OEST Wage Subsidy Agreements The Department will negotiate and manage all elements of the OEST Wage Subsidy Agreement for

all OEST participants who work 35 or more hours per week. If the hours worked by the OEST

participant is fewer than 35 hours per week, the Employer will be referred to a jobactive Provider to

negotiate and manage the Wage Subsidy. The Department will continue to manage existing OEST

Wage Subsidy Agreements (for example, if the hours worked by the OEST participant reduces to

fewer than 35 hours per week the Department will manage the OEST Wage Subsidy Agreement).

The OEST Wage Subsidy Agreement consists of both a Head Agreement and a Schedule (see Attachment A). The Head Agreement contains the general terms and conditions of the Wage Subsidy Agreement.

A separate Schedule for each new OEST Participant must be attached to the Head Agreement.

Schedules contain the specific details of the Wage Subsidy Placement for each new OEST Participant.

Documentary Evidence: For all Wage Subsidies, an approved OEST Wage Subsidy

Agreement, including Employer, OEST Participant and placement details, must be

completed and duly executed.

Documentary Evidence: Wage Subsidy Agreements can be approved online by the

Employer on the jobactive website or can be printed and signed offline if access to

online facilities is not available.

4. Payments to Employers Employers can negotiate a payment structure with the Department, which can include flexible

payments. Payments can be made as agreed by the Department.

Wage Subsidy payments, together with any concurrent state/territory government wage subsidies,

must not exceed 100 per cent of the OEST Participant’s wages over the 26 week period of the OEST

Wage Subsidy Agreement.

Employers must advise the Department if they are receiving state/territory government Wage

Subsidies for an OEST Participant.

Example: 100 per cent of wages rule

An OEST Participant on a junior pay rate of $15.70 per hour who worked 20 hours per week received

a total wage of $8164 over 26 weeks, which is less than the Youth Bonus Wage Subsidy of $10,000.

Guideline for Employers OEST Wage Subsidies

Effective from: 13 Nov 19 version 2.0 Page 9 of 15

In this case, the Employer will receive $8164 in Wage Subsidy payments instead of the full $10,000

Wage Subsidy, as the full amount would exceed the wages paid to the OEST Participant.

Documentary evidence: Employers must invoice the Department to receive a

Payment (see Summary of documentary evidence section).

Documentary evidence: The Employer must submit documentary evidence

demonstrating the OEST Participant has worked an average of at least 20 hours per

week over 26 weeks from the Wage Subsidy start date before a Wage Subsidy

payment is made (see Summary of Documentary Evidence section).

Examples: payment structures

1. Youth Bonus Wage Subsidy with flexible payments:

$4000 flexible Payment at four weeks

$3000 flexible Payment at 12 weeks

$3000 flexible Payment at 26 weeks

2. Youth Bonus Wage Subsidy with regular flexible payments:

$1666.67 flexible Payment at 6 weeks

$1666.67 flexible Payment at 10 weeks

$1666.67 flexible Payment at 14 weeks

$1666.67 flexible Payment at 18 weeks

$1666.67 flexible Payment at 22 weeks.

$1666.67 flexible Payment at 26 weeks.

When are Payments Recoverable?

The Department may recover a payment from the Employer when:

the eligibility criteria has not been met

the Employer has not met the terms and conditions of the OEST Wage Subsidy Agreement

the Employer has engaged in fraudulent practices

the Employer has received Wage Subsidy payments in excess of 100 per cent of the wages paid to the relevant OEST Participant over the 26 week term of the OEST Wage Subsidy Agreement.

Calculating Payments for Early Terminations

If Employment is terminated before the Wage Subsidy end date at 26 weeks from the Wage Subsidy

start date, the Department will calculate the outstanding Wage Subsidy payment based on the

number of weeks the OEST Participant was employed. This must total an average of at least 20 hours

per week over the length of the OEST Wage Subsidy Agreement.

If the Employer does not provide the OEST Participant with at least 20 hours on average throughout

the OEST Wage Subsidy Agreement they may not be eligible to receive the full Wage Subsidy

payment.

Payments to Employers

Document: Employers must invoice the Department to receive a Payment.

Guideline for Employers OEST Wage Subsidies

Effective from: 13 Nov 19 version 2.0 Page 10 of 15

5. Concurrent Funding

Australian Government Wage Subsidies

For the same Participant, Employers cannot combine two Australian Government Wage Subsidies or

receive a wage subsidy in conjunction with other funding from the Australian Government for the

same position for the OEST Participant.

Australian Apprenticeships Incentives Programme

The Australian Apprenticeships Incentives Programme (AAIP) offers various supports to Employers,

including wage subsidies and training supports.

An Employer cannot receive, concurrently, both an Australian Government Wage Subsidy and the

Australian Apprentice Wage Subsidy (AAWS) or the Disabled Australian Apprentice Wage Support

(DAAWS).

Other incentives received under the AAIP to support a training program are not considered a Wage Subsidy so Employers may receive these incentives concurrently with a Wage Subsidy.State and territory government wage subsidies

Australian Government Wage Subsidies can be combined with state or territory government wage

subsidies or similar funding, as long as:

all other requirements specified in this Guideline have been satisfied

the total funding from the combined Wage Subsidies does not exceed 100 per cent of the OEST

Participant’s wages over the 26 week term of the OEST Wage Subsidy Agreement.

Summary of Documentary Evidence

OEST Wage Subsidy Agreements

Documentary Evidence: For all Wage Subsidies, an approved OEST Wage

Subsidy Agreement, including Employer, OEST Participant and placement details,

must be completed and duly executed.

Wage Subsidy Agreements can be approved online by the Employer on the

jobactive website or can be printed and signed offline if access to online facilities

is not available.

Evidence from Employers—OEST participant employment

Documentary Evidence: Employers must ensure all documentary evidence is

retained to demonstrate the OEST Participant was employed as per the

conditions in the OEST Wage Subsidy Agreement, including that the required

hours were worked over the Wage Subsidy Agreement Period. Documentary

Evidence must include:

payslips or a print out from the Employer’s payroll software to demonstrate the hours worked and wages paid for the entire claim period

or

Guideline for Employers OEST Wage Subsidies

Effective from: 13 Nov 19 version 2.0 Page 11 of 15

a statutory declaration, email or other correspondence from the Employer to confirm the OEST Participant’s Employment.

All Documentary Evidence must include:

the amount of the Wage Subsidy Payment

the Participant’s name or JSID

the Employer’s details (including ABN)

the date the Payment was made.

Evidence of Approved Leave must:

be recorded on the OEST Participant’s payslip;

show that the Employer agreed to the leave at the time the OEST Participant requested it; or

be on a signed declaration by the Employer.

Where applicable, the Employer should also keep Documentary Evidence that supports the end date of Employment, where Employment terminated early.

At any time, the Department can request any documentation in relation to a Wage Subsidy from Employers to support program assurance activities.

OEST Wage Subsidies

Effective from: 13 Nov 19 version 2.0 Page 12 of 15

Attachment A

Agreement ID: OEST Wage Subsidy Head Agreement (SAMPLE ONLY)

A. The Department of Employment, Skills, Small and Family Business (The Department) details

The Department: Department of Employment, Skills, Small and Family Business

ABN: 54201218474

Address: 10-14 Mort Street Canberra ACT 2601 Australia

Email address:

Phone number:

Contact name:

B. Employer details

Employer’s legal name:

Employer ABN (as per payslips):

Physical Address:

Postal Address if different from above:

C. Head Agreement Term

Start date (date employment commenced):

End date:

General Terms and Conditions:

Preliminary: 1. The Department and Employer agree this OEST Wage Subsidy Agreement (Agreement) relates

to the Employment Position.

The employment position: 2. The Employer agrees that in relation to the Employment Position:

a. it, or any businesses it is associated with, does not have a pre-existing Employment relationship with the relevant OEST participant

b. it is not an immediate family member of the relevant Participant

OEST Wage Subsidies

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c. if it applies for a state or territory government Wage Subsidy for the employment position, it will immediately notify the Department of the amount of any such funding;

d. the total value of the Wage Subsidy for the Employment Position, together with any concurrent state or territory government Wage Subsidy, will not exceed 100 per cent of the Participant’s wages over the period of the Wage Subsidy Agreement;

e. the employment of the Participant has not, does not, and will not displace an existing employee;

f. the Employment Position is a sustainable and ongoing position that is not intended to end when Wage Subsidy payments cease, and in respect of which the Employer knows of no reasons why the Employment Position will not continue indefinitely;

g. the Employment Position is one that complies with minimum wage rates prescribed for the employment under relevant Commonwealth, state or territory law (including any award conditions which may be applicable to the Employment Position);

h. the Employment Position is not commission-based, self-employment or a subcontracted position; and

i. if it is a labour hire or group training organisation, the Employer will disclose to the host organisation that it is receiving a Wage Subsidy for the placement of the Participant with the host organisation.

3. The Employer agrees to employ the Participant for an average of at least 20 hours per week for the duration of the Agreement Term

4. The Employer must, as soon as possible, bring to the attention of the Department any difficulties the relevant Participant may have in the relevant Employment Position, and how they are supporting the Participant to continue in the Employment Position.

5. If the Participant’s employment ends prior to the end date of this Agreement: a. the Employer must immediately notify the Department of this and issue a separation

certificate to the Participant; and b. this Agreement is terminated from the employment end date.

Payment: 6. If the Employer complies with this Agreement, the Department will pay the Wage Subsidy to

the Employer in accordance with this Agreement and the Wage Subsidies for Participants in the Online Employment Services Trial Guideline published by the Department.

7. If the Department requests, the Employer must provide to the Department all payslips/payroll summaries or any other evidence that the Department deems necessary documentary evidence relating to the employment of the Participant during the Agreement Term.

8. The Department will pay the flexible Wage Subsidy payment/s in accordance with the Wage Subsidy Period/s specified in this Agreement after the Employer has provided documentary evidence of the Participant’s employment over the relevant Wage Subsidy period.

9. The Employer agrees that the Department may withhold all or part of a Wage Subsidy payment if the Employer does not fulfil its obligations under this Agreement, or otherwise brings the use of Wage Subsidies or the Commonwealth into disrepute.

10. If this Agreement terminates prior to the end of the Agreement Term, any outstanding Wage Subsidy payments owed to the Employer for the Participant will be paid based on the number of weeks the Participant was employed for an average of at least 20 hours per week.

11. The Employer must submit their last invoice for a Wage Subsidy to the Department at least 28 calendar days before the last day of the Agreement Term. Failure to submit an invoice and documentary evidence substantiating pay and hours, in this timeframe may, at the Department’s discretion, result in non-payment.

Compliance and Remedies: 12. Without limiting the Department’s rights under any other part of this Agreement or at law, if

the Department determines that the Employer has not met the terms and conditions of this Agreement or has engaged in any fraudulent practice in relation to Wage Subsidies, the Department may:

a. recover any Wage Subsidy payments made to the Employer; b. disqualify the Employer from receiving future Wage Subsidy payments; and/or

OEST Wage Subsidies

Effective from: 13 Nov 19 version 2.0 Page 14 of 15

c. in the case of fraudulent practice, refer the matter for criminal prosecution.

Assignment and Novation: 13. The Employer must not assign any of its rights under this Agreement or enter into an

arrangement that will require the novation of this Agreement, without the Department’s prior written approval.

14. The Department may assign, transfer, novate, and otherwise deal in any manner with, all or any part of the benefit of this Agreement and any of its rights, remedies, powers, duties and obligations under this Agreement to any person, without the consent of the Employer.

Privacy Statement: The Employer’s information in relation to this Agreement is collected by the Department for the purposes of administering Wage Subsidies, including to monitor compliance or to promote the program. Your personal information will not be used for any other purpose, unless you agree or it is otherwise permitted by law. If the Employer does not provide some or all of the personal information requested, the Department may not be able to administer the appropriate Wage Subsidy.

The Department’s APP Privacy Policy is available on the Department’s Website6 and contains more information about the way the Department manages personal information, including your rights to access and correct your information as well as information on how you can complain about a breach of the Australian Privacy Principles.

Freedom of Information: Documents in the possession of the Department are subject to disclosure in response to a request made under the Freedom of Information Act 1982 (FOI Act). There are a number of exceptions to release and, where appropriate, the Department will consult with affected individuals or organisations prior to making a decision on access to documents.

Declaration and execution of Agreement by the Department:

Signature:

Date:

Name:

Position:

Declaration and execution of Agreement by the Employer: By signing the below, I declare that:

the terms and conditions of the Agreement have been explained to me

I am duly authorised by the Employer to sign this declaration and Agreement

the details provided in this Agreement are true and correct

I agree to all the terms and conditions specified in this Agreement.

Signature:

Date:

Name:

Position:

6 https://www.employment.gov.au/privacy

OEST Wage Subsidies

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Schedule ID:

Schedule to OEST Wage Subsidy Head Agreement (SAMPLE ONLY)

Congratulations on joining thousands of businesses across Australia accessing Australian Government Wage Subsidies. By hiring an eligible OEST participant into an ongoing work opportunity, you are giving your business a boost, and contributing to the local economy.

To remain eligible to claim your Wage Subsidy you need to employ [Participant Name] in an ongoing role for an average of at least 20 hours per week over six months. The general Terms and Conditions are included in the Head Agreement. If you have any questions, please contact me at the details below.

Wage Subsidy Details

Participant Name:

MaximimWage Subsidy Amount: (GST Inclusive)

Wage Subsidy Period/s

Flexible Payment/s:

Wage Subsidy Agreement Term

Wage Subsidy Start Date:

Wage Subsidy End Date:

Employment Position Details

Vacancy ID:

Job Title/Description:

Department Contact Details

Name:

Phone Number:

Email Address:

Employer Contact Details

Name:

Phone Number:

Email Address: