Australia Fair Work Act 2009 (Cth)
Part 2-2 Divisions 11 and 12: Notice of termination, redundancy pay and information statements – Australia Fair Work Act 2009 (Cth)

Australia Fair Work Act 2009 (Cth) s119-122: ss 119 to 122 Pay redundancy pay on the NES scale unless excluded or varied by the FWC

Where employment is terminated at the employer's initiative because the job is no longer required to be done by anyone (other than ordinary and customary turnover) or because of insolvency, the employer pays redundancy pay at the base rate for ordinary hours on the NES scale by years of continuous service (4 weeks for at least 1 year rising to 16 weeks for 9 to 10 years, and 12 weeks at 10 years or more). Exclusions: less than 12 months' service, small business employers (except in the insolvency case where terminations reduced the headcount), casuals, apprentices, fixed term and serious misconduct cases, industry-specific schemes. The employer may apply to the FWC to reduce the amount where it obtains other acceptable employment for the employee or cannot pay (s 120); transfers of employment recognising service, or an employee's rejection of a comparable offer that recognises service, remove the entitlement subject to FWC orders (s 122).

Maintained by Gerard Blokdyk

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