Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 789GCD

  (1)   An eligible financial service provider may issue a written certificate that:

  (a)   relates to a specified employer; and

  (b)   confirms that the employer satisfied the 10% decline in turnover test for the designated quarter applicable to a specified time.

  (2)   However, an eligible financial service provider is not entitled to issue a certificate under subsection   (1) in relation to an employer if the eligible financial service provider is:

  (a)   a director or employee of the employer; or

  (b)   an associated entity of the employer; or

  (c)   a director or employee of an associated entity of the employer.

  (3)   A certificate under subsection   (1) is to be known as a 10% decline in turnover certificate that covers the employer specified in the certificate for the designated quarter applicable to the time specified in the certificate.

  (4)   If:

  (a)   an employer is a small business employer; and

  (b)   an individual who:

  (i)   is, or is authorised by, the employer; and

  (ii)   has knowledge of the financial affairs of the employer;

    makes a statutory declaration to the effect that the employer satisfied the 10% decline in turnover test for the designated quarter applicable to a specified time;

the statutory declaration is taken to be a 10% decline in turnover certificate that covers the employer for the designated quarter applicable to the time specified in the statutory declaration.

Note:   For small business employer , see section   23.