Document ID: chunk:federal_register_of_legislation:C2025C00150:section:226a:p2
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 226A (pt 2/2)
Character Range: 665549–666812

the terminated agreement comes into force;
 (iii) the end of the period of 4 years beginning on the day the guarantee is given to the FWC.
 (5) The FWC may, in its decision terminating an enterprise agreement, approve a period for the purposes of subparagraph (4)(b)(i) if it considers the period to be appropriate.

Employer must comply with guarantee
 (6) An employer must comply with a guarantee of termination entitlements given by the employer to the FWC in relation to the termination of an enterprise agreement if:
 (a) the agreement is terminated under section 226; and
 (b) the employer terminates the employment of a protected employee for the termination of the agreement while the guarantee is in force:
 (i) at the employer's initiative because the employer no longer requires the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or
 (ii) because of the insolvency or bankruptcy of the employer.
Note: This subsection is a civil remedy provision (see Part 4‑1).

Guarantee is a governing instrument for employment
 (7) To avoid doubt, a guarantee of termination entitlements is a governing instrument for employment for the purposes of the Fair Entitlements Guarantee Act 2012.