Commonwealth Consolidated Acts

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FAIR ENTITLEMENTS GUARANTEE ACT 2012 - SECT 19

Working out amounts for employment entitlements

             (1)  Work out the amount for each of a person's employment entitlements to be taken into account under section 16 by:

                     (a)  working out the basic amount for the entitlement under Subdivisions B and C; and

                     (b)  reducing the basic amount (but not below nil) by the sum of the amounts described in subsections (2) and (3) for the entitlement.

             (2)  One amount of the reduction of the basic amount for a particular employment entitlement of a person for his or her employment by an employer is the total of amounts that:

                     (a)  are attributable to the entitlement; and

                     (b)  have been paid by anyone:

                              (i)  to the person; or

                             (ii)  to someone else for the person's benefit or in accordance with the person's direction; and

                     (c)  are not costs of the winding up or bankruptcy of the employer.

             (3)  The other amount of the reduction of the basic amount for a particular employment entitlement of a person for his or her employment by an employer is the total of amounts that:

                     (a)  are attributable to the entitlement; and

                     (b)  are payable (and have not been paid) by anyone:

                              (i)  to the person; or

                             (ii)  to someone else for the person's benefit or in accordance with the person's direction; and

                     (c)  are not payable:

                              (i)  under the Corporations Act 2001 in the winding up of the person's employer; or

                             (ii)  under the Bankruptcy Act 1966 from the proceeds of the property of the bankrupt employer of the person; or

                            (iii)  under this Act.



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