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ARTICLE · 04 FEBRUARY 2013

Fair Entitlements Guarantee Act 2012: generous severance pay entitlements pose risk to scheme

Employees may be better off being made redundant by an insolvency event rather than by a normal workplace restructure.

AustraliaEmployment and HR

In brief - Employees made redundant by insolvency event entitled to generous payout

Changes to the General Employment Entitlements and Redundancy Scheme (GEERS) mean that employees are probably better off being made redundant by an insolvency event rather than as a result of a normal workplace restructure.

Act puts existing GEERS scheme into legislative form

The Senate recently passed the Fair Entitlements Guarantee Act (26 November 2012), which confirms the rights of employees to recover, through the Commonwealth, their monetary statutory entitlements in the event of an act of insolvency which renders an employer unable to pay them.

In essence, the Act puts into legislative form the scheme that was established by the Howard government in 2000, the General Employment Entitlements and Redundancy Scheme (GEERS). The Gillard government promised to improve GEERS during the 2010 election since it was an administrative scheme and liable to government dismantling.

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