Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p67
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 167762–170642

before the relevant date;
             (ii) by virtue of an industrial instrument;
             (iii) to, or in respect of, employees of the company; and
             (iv) in respect of leave of absence,
         but not exceeding $1,500 in respect of an excluded employee of the company;
         (ga) eighth, retrenchment payments payable to employees of the company (other than excluded employees of the company);";
     (d) by omitting from paragraph (1) (h) "eighth" and substituting "ninth";
     (e) by omitting from paragraph (1) (j) "ninth" and substituting "tenth"; and
     (f) by adding at the end the following sub-section:
    "(2) In this section—
         'company' means a company that is being wound up; 'employee', in relation to a company, means a person—
             (a) who has been or is an employee of the company, whether remunerated by salary, wages, commission or otherwise; and
             (b) whose employment by the company commenced before the relevant date;
         'excluded employee', in relation to a company, means—
             (a) an employee of the company who has been—
                (i) at any time during the period of 12 months ending on the relevant date; or
                (ii) at any time since the relevant date,
            or who is, a director of the company;
             (b) an employee of the company who has been—
                (i) at any time during the period of 12 months ending on the relevant date; or

                (ii) at any time since the relevant date,
            or who is, the spouse of an employee of the kind referred to in paragraph (a); or
             (c) an employee of the company who is a relative (other than a spouse) of an employee of the kind referred to in paragraph (a);
         'retrenchment payment', in relation to an employee of a company, means an amount payable by the company to the employee, by virtue of an industrial instrument, in respect of the termination of the employee's employment by the company, whether the amount becomes payable before, on or after the relevant date.".

Debts due to employees
106. Section 443 of the Principal Act is amended—
     (a) by inserting in sub-section (2) ", or any entitlement to a retrenchment amount in respect of employment" after "absence";
     (b) by omitting from sub-section (3) "becomes due" and substituting ", or a retrenchment amount, becomes payable";
     (c) by inserting in sub-section (4) ", or to any retrenchment amount in respect of employment by the company," after "extended leave";
     (d) by omitting from paragraph (4) (b) "to be an amount referred to in paragraph 441 (g)" and substituting ", for the purposes of section 441, to be an amount referred to in paragraph 441 (1) (g), or a retrenchment payment payable to the person, as the case may be"; and
     (e) by adding at the end the following sub-section: