Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 120

Variation of redundancy pay for other employment or incapacity to pay

             (1)  This section applies if:

                     (a)  an employee is entitled to be paid an amount of redundancy pay by the employer because of section 119; and

                     (b)  the employer:

                              (i)  obtains other acceptable employment for the employee; or

                             (ii)  cannot pay the amount.

             (2)  On application by the employer, FWA may determine that the amount of redundancy pay is reduced to a specified amount (which may be nil) that FWA considers appropriate.

             (3)  The amount of redundancy pay to which the employee is entitled under section 119 is the reduced amount specified in the determination.

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