Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_319:p4
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 319 (pt 4/5)
Character Range: 96195–98902

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 person; and
 (iii) that redundancy benefit were calculated in accordance with clauses 259 to 264 of the ABCC Enterprise Agreement as in force immediately before the ABCC abolition time; and
 (g) the person is entitled to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, a lump sum payment equal to the person's pay for the unexpired portion of the notice period.

Notional involuntary redundancy amount
(7) If, immediately before the ABCC abolition time, the person:
 (a) was an ongoing employee; and
 (b) was not on probation;
the person's notional involuntary redundancy amount is the sum of the following amounts:
 (c) 7 months (reduced by the number of weeks for which the person is entitled to redundancy pay under the National Employment Standards) of the person's pay;
 (d) the person's National Employment Standards entitlement to redundancy pay;
 (e) if:
 (i) at the ABCC abolition time, the person has reached the age of 45 years; and
 (ii) at the ABCC abolition time, the person has at least 5 years of continuous service (calculated in accordance with clauses 261 to 264 of the ABCC Enterprise Agreement as in force immediately before the ABCC abolition time);
  payment in lieu of notice equal to 5 weeks of the person's pay;
 (f) if, at the ABCC abolition time, paragraph (e) does not apply to the person—payment in lieu of notice equal to 4 weeks of the person's pay.

Notional voluntary redundancy amount
(8) If, immediately before the ABCC abolition time, the person:
 (a) was an ongoing employee; and
 (b) was not on probation;
the person's notional voluntary redundancy amount is the sum of the following amounts:
 (c) the redundancy benefit that would have been payable to the person under clause 256 of the ABCC Enterprise Agreement if (despite paragraphs (3)(c) and (4)(d) of this item):
 (i) that clause were applicable to the person; and
 (ii) clause 257 of the ABCC Enterprise Agreement were applicable to the person; and
 (iii) that redundancy benefit were calculated in accordance with clauses 259 to 264 of the ABCC Enterprise Agreement as in force immediately before the ABCC abolition time;
 (d) if:
 (i) at the ABCC abolition time, the person has reached the age of 45 years; and
 (ii) at the ABCC abolition time, the person has at least 5 years of continuous service (calculated in accordance with clauses 261 to 264 of the ABCC Enterprise Agreement as in force immediately before the ABCC abolition time);
  payment