Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_319:p5
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 319 (pt 5/5)
Character Range: 98661–100457

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;
 (e) if, at the ABCC abolition time, paragraph (d) does not apply to the person—payment in lieu of notice equal to 4 weeks of the person's pay.

Amounts payable by the Commonwealth
(9) To avoid doubt, an amount payable to the person under subitem (3), (4), (5) or (6) is taken to be an amount that is payable by the Commonwealth as a result of the termination of the person's employment.

Redundancy benefit
(10) For the purposes of section 66 of the Australian Public Service Commissioner's Directions 2022:
 (a) so much of an amount payable to the person under paragraph (3)(g) or (4)(h) of this item as is attributable to paragraph (7)(c) or (8)(c) of this item is taken to be a redundancy benefit from an APS agency; and
 (b) an amount payable to the person under paragraph (5)(f) or (6)(f) of this item is taken to be a redundancy benefit from an APS agency.

Pay
(11) For the purposes of this item, the person's pay:
 (a) is to be calculated on the basis of the person's salary at the time of the termination of the person's employment; and
 (b) includes allowances in the nature of salary which are paid during periods of annual leave and on a regular basis, but does not include allowances which are:
 (i) a reimbursement for expenses incurred; or
 (ii) a payment for disabilities associated with the performance of duty.

Exemption from the Age Discrimination Act 2004
(12) Part 4 of the Age Discrimination Act 2004 does not make unlawful anything done in direct compliance with this item.