Document ID: chunk:federal_register_of_legislation:F2024C00355:front:0:p5
Version: federal_register_of_legislation:F2024C00355
Segment Type: other
Provision Reference: 
Character Range: 11085–13796

has obtained acceptable alternative employment for the employee; or
 (b) the employer cannot pay the amount.
relevant enterprise agreement means an enterprise agreement that:
 (a) applies to a public sector employee; and
 (b) is made before 1 January 2010; and
 (c) includes provisions about the reduction of the public sector employee's retention or redeployment period by an amount that would be equivalent to the employee's entitlements to redundancy pay under section 119 of the FW Act.
Note 1: For the definition of enterprise agreement see section 12 of the FW Act.
Note 2: Section 119 of the FW Act sets out a minimum entitlement to redundancy pay for employees covered by the FW Act.
transitional civil remedy provision means a civil remedy provision mentioned in subregulation 5.06(2).
union collective agreement has the meaning given by section 4 of the WR Act.
Workplace Authority Director has the meaning given by section 4 of the WR Act.
Workplace Ombudsman has the meaning given by section 4 of the WR Act.
WR Regulations means the Workplace Relations Regulations 2006.
 (2) In these Regulations, a provision of the Act modified in accordance with regulation 5.12 is referred to as modified.
Example: Item 5 of Schedule 4 to the Act is modified by item 1.1 of Schedule 1 and is referred to in these regulations as modified item 5.
Note: Several words and expressions used in these Regulations have the meaning given by item 2 of Schedule 2 to the Act. For example:
 bridging period
 continuing Schedule 6 instrument
 FW Act
 FW (safety net provisions) commencement day
 transitional APCS
 transitional instrument
 WR Act
 WR Act repeal day.

Part 2—Transitional provisions for Part 2 of Schedule 2 to Act (regulations about transitional matters)

Division 1—Matters about redundancy

2.01  Redundancy pay applications—continuing Schedule 6 instrument
 (1) For subitem 7(1) of Schedule 2 to the Act, this regulation applies if:
 (a) an employer would be obliged under a continuing Schedule 6 instrument to pay redundancy pay for the redundancy of an employee; and
 (b) a term of the instrument permits the employer to make a redundancy pay application to the Australian Industrial Relations Commission.
 (2) If the employer makes the redundancy pay application during the period starting on the WR Act repeal day and ending on 26 March 2011:
 (a) the functions of receiving and determining the application are conferred on the FWC; and
 (b) a provision in the instrument has effect as if the references in it to the Commission were references to the FWC.
Note 1: For the definition of Commission see subsection 4(1) of the Workplace Relations Act 1996.
Note 2: For the definition of FWC see