Fair Entitlements Guarantee Act 2012

This section affects a basic amount for a person’s employment entitlement for his or her employment by an employer if:

less than 6 months before the end of the employment or the appointment of an insolvency practitioner for the employer, the employer agreed to a change in the terms and conditions of the person’s employment in favour of the person (whether or not the change also affected anyone else’s terms and conditions of employment); and

the Secretary is satisfied that, at the time of the change, it was not reasonable to expect that the employer would be able to meet the employer’s obligations under those more favourable terms and conditions for the actual duration and end of the person’s employment; and

the Secretary is satisfied that it is appropriate that this section apply.

Work out the basic amount as if the governing instrument for the employment had not been changed.

This affects the basic amount by affecting the amount of the employment entitlement. It may also affect the basic amount by affecting limits on the basic amount such as those in paragraphs 22(b) and 23(b).

If the person was employed for a partnership by 2 or more of the partners, subsection (1) applies as if:

the first reference in paragraph (1)(a) to the employer were a reference to any of the partners who employed the person; and

the second reference in paragraph (1)(a), and the reference in paragraph (1)(b), to the employer were a reference to all the partners who employed the person.