Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn 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 5 56(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 1 09(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 hap pens 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
(ba) a restructuring practitioner for the employer appointed under that Act; 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
(i i i) 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 (other than a restructuring practitioner within the meaning of the Corporations Act 2001 ) 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 employ ed the person .