Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009

For subitem 7(1) of Schedule 2 to the Act, this regulation:

does not apply to a public sector employee to whom a relevant enterprise agreement applies; and

does apply to a public sector employee:

to whom an enterprise agreement in relation to public sector employment made before 1 January 2010 or a transitional instrument in relation to public sector employment applies; and

who is entitled under the enterprise agreement or transitional instrument to enter into a retention or redeployment period; and

who enters into a retention or redeployment period under the enterprise agreement or transitional instrument; and

whose employment is terminated by the employee’s employer due to redundancy during or at the end of the retention or redeployment period and on or after 1 January 2010.

If the employee is entitled to receive from the employee’s employer an amount of payments for the retention or redeployment period that is equal to or greater than the NES amount, the employee is not entitled to the NES amount.

If the employee is entitled to receive from the employee’s employer an amount of payments for the retention or redeployment period that is less than the NES amount, the employee is entitled to the NES amount reduced by the amount of payments the employee was entitled to receive from the employer for the retention or redeployment period.

For the definition of retention or redeployment period see modified item 5 of Schedule 4 to the Act which is set out in item 1.1 of Schedule 1.

For the definition of transitional instrument see item 2 of Schedule 2 of the Act.