Document ID: chunk:federal_register_of_legislation:F2024C00355:front:0:p6
Version: federal_register_of_legislation:F2024C00355
Segment Type: other
Provision Reference: 
Character Range: 13577–16295

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 section 12 of the FW Act.
Note 3: For the definition of redundancy pay application see regulation 1.03.

2.02  Redundancy pay applications—transitional instrument
 (1) For subitem 7(1) of Schedule 2 to the Act, this regulation applies if:
 (a) an employer would be obliged under a transitional 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 or to a State industrial tribunal.
 (2) If the employer makes a redundancy pay application during the bridging period:
 (a) the functions of receiving and determining the redundancy pay application are conferred on FWA; and
 (b) a provision in the instrument has effect as if the references in it to the Commission or a State industrial tribunal were references to FWA.
Note 1: For the definition of Commission see subsection 4(1) of the Workplace Relations Act 1996.
Note 2: For the definition of bridging period see item 2 of Schedule 2 to the Act.
Note 3: For the definition of FWC see section 12 of the FW Act.
Note 4: For the definition of redundancy pay application see regulation 1.03.

2.02A  Retention or redeployment period—entitlement to redundancy pay
 (1) For subitem 7(1) of Schedule 2 to the Act, this regulation:
 (a) does not apply to a public sector employee to whom a relevant enterprise agreement applies; and
 (b) does apply to a public sector employee:
 (i)  to whom an enterprise agreement in relation to public sector employment made before 1 January 2010 or a transitional instrument in relation to public sector employment applies; and
 (ii) who is entitled under the enterprise agreement or transitional instrument to enter into a retention or redeployment period; and
 (iii) who enters into a retention or redeployment period under the enterprise agreement or transitional instrument; and
 (iv) whose employment is terminated by the employee's employer due to redundancy during or at the end of the retention or redeployment period and on or after 1 January 2010.
 (2) If the employee is entitled to receive from the employee's employer an amount of payments for the retention or redeployment period that is equal to or greater than the NES amount, the employee is not entitled to the NES amount.
 (3) If the employee is entitled to receive from the employee's employer an amount of payments for the retention or redeployment period that is less than the NES amount,