Fair Entitlements Guarantee Act 2012

This section defines the various kinds of employment entitlements of a person whose employment by an employer has ended, by reference to the person’s entitlements under the governing instrument for the employment.

Part 3 may affect the calculation of the person’s employment entitlements for the purposes of working out the amount of an advance the person is eligible for.

The person’s annual leave entitlement is the amount the person is entitled to under the governing instrument from the employer for paid annual leave that the person:

had accrued at the end of the employment; and

had not taken by then.

The person’s long service leave entitlement is the amount the person is entitled to under the governing instrument from the employer:

for long service leave that the person had accrued at the end of the person’s employment and had not taken by then; or

on account of long service leave that, had the person’s employment continued until the person qualified for long service leave, would have been attributable to the period before the actual end of the person’s employment.

The person’s payment in lieu of notice entitlement is the amount the person is entitled to under the governing instrument from the employer for a shortfall in the period of notice of termination of the employment.

The person’s redundancy pay entitlement is the amount of redundancy pay the person is entitled to under the governing instrument from the employer for termination of the employment.

The person’s wages entitlement is the amount of wages the person is entitled to under the governing instrument from the employer for work done, or paid leave taken, in the wages entitlement period.

The person’s receipt of some or all of an amount he or she was entitled to under the governing instrument does not affect what is the person’s annual leave entitlement, long service leave entitlement, payment in lieu of notice entitlement, redundancy pay entitlement or wages entitlement under this section.

If:

under the governing instrument, the person accrued 8 weeks of annual leave that had not been taken by the end of the person’s employment; and

the employer paid the person for 3 of those weeks;