Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_319:p3
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 319 (pt 3/5)
Character Range: 93651–96435

behalf of the Commonwealth, a lump sum payment equal to the greater of the following amounts:
 (i) the person's notional involuntary redundancy amount worked out under subitem (7);
 (ii) the person's notional voluntary redundancy amount worked out under subitem (8).

Termination payments—person offered voluntary redundancy and retention period had not ended before ABCC abolition time
(5) If:
 (a) immediately before the ABCC abolition time, the person:
 (i) was an ongoing employee; and
 (ii) was not on probation; and
 (b) the person was offered a voluntary redundancy under clause 252 of the ABCC Enterprise Agreement before the ABCC abolition time, but did not accept the voluntary redundancy; and
 (c) the person's consideration period ended before the ABCC abolition time; and
 (d) the person's retention period had not ended before the ABCC abolition time;
then, after the termination of the person's employment:
 (e) the ABCC Enterprise Agreement does not apply to the person; and
 (f) the person is entitled to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, a lump sum payment equal to 7 months (reduced by the number of weeks for which the person is entitled to redundancy pay under the National Employment Standards and by the number of days in so much of the retention period as occurred before the ABCC abolition time) of the person's pay; and
 (g) the person is entitled to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, the person's National Employment Standards entitlement to redundancy pay.

Termination payments—person accepted voluntary redundancy and notice period had not ended before ABCC abolition time
(6) If:
 (a) immediately before the ABCC abolition time, the person:
 (i) was an ongoing employee; and
 (ii) was not on probation; and
 (b) the person was offered a voluntary redundancy under clause 252 of the ABCC Enterprise Agreement before the ABCC abolition time; and
 (c) the person accepted the voluntary redundancy before the ABCC abolition time; and
 (d) the person's notice period had not ended before the ABCC abolition time;
then, after the termination of the person's employment:
 (e) the ABCC Enterprise Agreement does not apply to the person; and
 (f) if the person had not been paid a redundancy payment benefit under clause 256 of the ABCC Enterprise Agreement before the ABCC abolition time—the person is entitled to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, a lump sum payment equal to the redundancy benefit that would have become payable to the person under clause 256 of the ABCC Enterprise Agreement if (despite paragraph (e) of this subitem):
 (i) that clause were applicable to the person; and
 (ii) clause 257 of the ABCC Enterprise Agreement were applicable to the