Redundancy pay applications—transitional instrument
2.02 Redundancy pay applications—transitional instrument
For subitem 7(1) of Schedule 2 to the Act, this regulation applies if:
an employer would be obliged under a transitional instrument to pay redundancy pay for the redundancy of an employee; and
a term of the instrument permits the employer to make a redundancy pay application to the Australian Industrial Relations Commission or to a State industrial tribunal.
If the employer makes a redundancy pay application during the bridging period:
the functions of receiving and determining the redundancy pay application are conferred on FWA; and
a provision in the instrument has effect as if the references in it to the Commission or a State industrial tribunal were references to FWA.
For the definition of Commission see subsection 4(1) of the Workplace Relations Act 1996.
For the definition of bridging period see item 2 of Schedule 2 to the Act.
For the definition of FWC see section 12 of the FW Act.
For the definition of redundancy pay application see regulation 1.03.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.