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FAIR ENTITLEMENTS GUARANTEE ACT 2012 - SECT 5

Definitions

                   In this Act:

"advance" means financial assistance under this Act on account of employment entitlements.

"annual leave entitlement" has the meaning given by subsection 6(2).

"appointment" of an insolvency practitioner includes a person becoming an insolvency practitioner:

                     (a)  by taking possession or control of property; or

                     (b)  by operation of law.

Bankruptcy Act 1966 : a reference to the Bankruptcy Act 1966 or a provision of that Act is a reference to that Act or provision:

                     (a)  applying of its own force; or

                     (b)  applying, with or without modifications, because of a law of the Commonwealth, a State or a Territory.

"bankruptcy trustee" of a person means the trustee under the Bankruptcy Act 1966 of the person's estate in bankruptcy.

Corporations Act 2001 : a reference to the Corporations Act 2001 or a provision of that Act is a reference to that Act or provision:

                     (a)  applying of its own force; or

                     (b)  applying, with or without modifications, because of a law of the Commonwealth, a State or a Territory.

"cost" :

                     (a)  of the winding up of an employer--means:

                              (i)  an expense that relates to the winding up and is described in paragraph 556(1)(a) of the Corporations Act 2001 ; or

                             (ii)  an amount described in section 558 of that Act as a cost of the winding up; or

                     (b)  of the bankruptcy of an employer--means:

                              (i)  an expense that relates to the bankruptcy and is described in paragraph 109(1)(a) of the Bankruptcy Act 1966 ; or

                             (ii)  an amount described in section 109A of that Act as a cost of the bankruptcy.

Note:          Paragraph 556(1)(a) of the Corporations Act 2001 describes expenses incurred by a liquidator or administrator in carrying on a company's business, among other things. Paragraph 109(1)(a) of the Bankruptcy Act 1966 describes expenses of the administration of the bankruptcy, among other things.

"employer" includes former employer.

"employment entitlement" means:

                     (a)  annual leave entitlement; or

                     (b)  long service leave entitlement; or

                     (c)  payment in lieu of notice entitlement; or

                     (d)  redundancy pay entitlement; or

                     (e)  wages entitlement.

"Finance Minister" means the Minister administering the Public Governance, Performance and Accountability Act 2013 .

"governing instrument" for employment means any of the following that governs the employment:

                     (a)  a written law of the Commonwealth, a State or a Territory;

                     (b)  an award, determination or order that is made or recorded in writing;

                     (c)  a written instrument;

                     (d)  an agreement (whether a contract or not).

"insolvency event" : an insolvency event happens to an employer of a person:

                     (a)  when a liquidator of the employer is appointed (provisionally or otherwise) under the Corporations Act 2001 ; or

                     (b)  when the employer becomes a bankrupt under the Bankruptcy Act 1966 ; or

                     (c)  if the person is or was employed for a partnership by 2 or more of the partners--at the first time an event described in paragraph (a) or (b) happens, or has happened, to all of the partners by whom the person is or was employed.

Example:    If a person is employed for a partnership by 2 partners, one of whom becomes bankrupt on 15 October 2013 and the other of whom becomes bankrupt on 1 November 2013, the insolvency event happens on 1 November 2013 (because that is the first time when both the partners have become bankrupt).

"insolvency practitioner" for an employer means:

                     (a)  a liquidator of the employer; or

                     (b)  an administrator of the employer appointed under the Corporations Act 2001 ; or

                     (c)  a person appointed as a receiver of property of the employer; or

                     (d)  a person who has possession or control of property of the employer for the purpose of enforcing:

                              (i)  a charge; or

                             (ii)  a mortgage; or

                            (iii)  a lien; or

                            (iv)  a pledge; or

                             (v)  a security interest, within the meaning of the Personal Property Securities Act 2009 , to which that Act applies, other than a transitional security interest within the meaning of that Act; or

                     (e)  a bankruptcy trustee of the employer.

"liquidator" means a liquidator appointed (provisionally or otherwise) under the Corporations Act 2001 .

"long service leave entitlement" has the meaning given by subsection 6(3).

"maximum weekly wage" : the maximum weekly wage is:

                     (a)  $2,364.00; or

                     (b)  the result of indexation of the amount in paragraph (a), or of the result of the last application of this paragraph, in accordance with the regulations, by reference to estimates of full-time adult average weekly ordinary time earnings published by the Australian Statistician.

"maximum weekly wage rate" means the rate of the maximum weekly wage a week.

"payment in lieu of notice entitlement" has the meaning given by subsection 6(4).

"redundancy pay entitlement" has the meaning given by subsection 6(5).

"Secretary" means the Secretary of the Department.

"wages" has a meaning affected by section 7.

"wages entitlement" has the meaning given by subsection 6(6).

"wages entitlement period" for a person whose employment by an employer has ended means the 13 weeks ending at the earlier of the following times (or either of those times if they are the same):

                     (a)  the time the person's employment ended;

                     (b)  the first time an insolvency practitioner has power (however expressed) to control or manage employment by:

                              (i)  the employer; or

                             (ii)  if the person was employed for a partnership by 2 or more partners--any of the partners who employed the person.



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