Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_141
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 141
Character Range: 629674–631179

141  Subsection 170CR(2)
Repeal the subsection, substitute:

 (2) In fixing an amount under paragraph (1)(c) for an employee who was employed under award‑derived conditions immediately before the termination, the Court must not fix an amount that exceeds the total of the following amounts:
 (a) the total amount of remuneration:
 (i) received by the employee; or
 (ii) to which the employee was entitled;
  (whichever is higher) for any period of employment with the employer during the period of 6 months immediately before the termination (other than any period of leave without full pay); and
 (b) if the employee was on leave without pay or without full pay while so employed during any part of that period—the amount of remuneration taken to have been received by the employee for the period of leave in accordance with the regulations.

 (2A) In fixing an amount under paragraph (1)(c) for an employee who was not employed under award‑derived conditions immediately before the termination, the Court must not fix an amount that exceeds:
 (a) the total of the amounts determined under subsection (2) if the employee were an employee covered by the subsection; or
 (b) the amount of $32,000, as indexed from time to time in accordance with a formula prescribed by the regulations;
whichever is the lower amount.

 (2B) For the avoidance of doubt, an order by the Court under paragraph (1)(c) or (d) may permit the employer concerned to pay the amount required in instalments specified in the order.