Fair Entitlements Guarantee Act 2012 (Cth)

Fair Entitlements Guarantee Act 2012

No. 159, 2012

Compilation No. 5

Compilation date: 21 February 2025

Includes amendments: Act No. 14, 2025

About this compilation

This compilation

This is a compilation of the Fair Entitlements Guarantee Act 2012 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects of this Act 4 Simplified outline of this Act 5 Definitions 6 Kinds of employment entitlements 7 Wages 8 This Act binds the Crown 9 Extraterritorial operation 9A Rules may modify application of this Act in Norfolk Island Part 2—Eligibility for advance Division 1—Conditions of eligibility for advance Subdivision A—Basic conditions of eligibility 10 Conditions of eligibility for advance Subdivision B—Exclusions from eligibility 11 Exclusion for personal connection with employer 12 Exclusion for being newly employed after working as contractor 13 Exclusion for employment by certain employers Division 2—Claim for eligibility for advance 14 Making an effective claim 15 Secretary must decide effective claim Part 3—Amount of advance Division 1—Working out the amount of an advance 16 General rule for working out the amount of an advance 17 Reduction for the person's debts to the employer 18 Nil amount if liquidator or bankruptcy trustee can fully pay entitlements soon Division 2—Amounts for employment entitlements Subdivision A—Working out amounts for employment entitlements 19 Working out amounts for employment entitlements Subdivision B—General rules for basic amounts for employment entitlements 20 Basic amount for annual leave entitlement 21 Basic amount for long service leave entitlement 22 Basic amount for payment in lieu of notice entitlement 23 Basic amount for redundancy pay entitlement 24 Basic amount for wages entitlement Subdivision C—Special rules for basic amounts for employment entitlements 25 Disregarding recently agreed changes in terms and conditions 26 Applying maximum weekly wage rate—entitlements except wages entitlement 27 Applying maximum weekly wage rate—wages entitlement Part 4—Payment of advance 28 Payment to eligible person or intermediary Part 5—Recovery of advance Division 1—Recovery through winding up or bankruptcy 29 Recovery of advance paid to liquidator 30 Recovery of some amounts of advance paid to bankruptcy trustee 31 Recovery in other circumstances 32 Amounts of advance attributable to particular employment entitlements if advance reduced for debts to employer 33 Recovery of advance for employment for partnership Division 2—Recovery from person eligible for advance 34 Recovery from person eligible for advance Part 6—Administration Division 1—Decision‑making about advances 35 Presuming accuracy of certain information 36 Giving notice of decisions made under section 15 Division 2—Review of decisions about advances Subdivision A—Internal review on the Secretary's own initiative 37 Review on the Secretary's own initiative Subdivision B—Internal review on application 38 Application for review by Secretary 39 Action on application for review Subdivision C—Review by the Administrative Review Tribunal 40 Application to the Administrative Review Tribunal for review 41 Limit on review of decision on amount of advance Division 3—Information management 42 Use and disclosure of personal information by the Department for administering this Act 43 Use and disclosure of personal information by insolvency practitioners and payment intermediaries 44 Use and disclosure of personal information by persons making payments to former employees 45 Disclosure of personal information to certain agencies Division 4—Arrangements for information and dealing with payments 46 Arrangements for information and dealing with payments Division 5—Delegation 47 Delegation of Secretary's powers and functions 48 Delegation of Minister's powers Part 7—Miscellaneous 49 Extended operation of this Act in relation to employers in administration under the Corporations Act 2001 50 Schemes for assistance of workers who were not employees 51 Appropriation 52 Recoverable payments 53 Reports about recoverable payments 54 Right to financial assistance may be reduced, cancelled etc. without compensation 55 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history