Document ID: chunk:federal_register_of_legislation:F2024C00355:front:0:p7
Version: federal_register_of_legislation:F2024C00355
Segment Type: other
Provision Reference: 
Character Range: 16066–18614

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, the employee is entitled to the NES amount reduced by the amount of payments the employee was entitled to receive from the employer for the retention or redeployment period.
Note 1: For the definition of  retention or redeployment period see modified item 5 of Schedule 4 to the Act which is set out in item 1.1 of Schedule 1.
Note 2: For the definition of transitional instrument see item 2 of Schedule 2 of the Act.

Division 2—Obligations for employee records and records for transferring employees

2.03  Employer obligations for employee records made before WR Act repeal day
 (1) This regulation is made for item 7 of Schedule 2 and subitem 19(1) of Schedule 16 to the Act.
 (2) On and after the WR Act repeal day, subregulation 19.4(2) of Chapter 2 of the WR Regulations continues to apply to require an employer to keep, or cause to be kept, an entry in a record for any part of the period identified in that regulation that has not expired before the WR Act repeal day.
 (3) Regulations 3.42, 3.43 and 3.44 of the FW Regulations apply to the record.
Note 1: Subregulation 19.4(2) of Chapter 2 of the WR Regulations requires an employer to keep an employee record for a certain period, which is generally 7 years from the date on which the record was made.
Note 2: Item 11 of Schedule 2 to the Act has the effect of continuing the operation of regulation 19.4 of Chapter 2 of the WR Regulations to conduct (failure to make or cause to be made, or keep or cause to be kept, employee records) that occurred before WR Act repeal day.
Note 3: Regulations 3.42, 3.43 and 3.44 of the FW Regulations set out requirements relating to the inspection and copying of a record, to giving employees information about a record, and the accuracy of a record.
Note 4: Subregulation (2) is a transitional civil remedy provision.

2.04  Obligations for transfer of records concerning transferring employee
 (1) For subitem 7(1) of Schedule 2 and subitem 19(1) of Schedule 16 to the Act, this regulation applies if:
 (a) before the WR Act repeal day a person (the new employer) becomes a successor, transmittee or assignee of the whole, or a part, of a business of another person (the old employer); and
 (b) on and after the WR Act repeal day the new employer employs any of the following persons (a transferring employee):
 (i)