Commonwealth Numbered Regulations

FAIR WORK (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) REGULATIONS 2009 (SLI NO 166 OF 2009) - REG 2.02

         (1)   For subitem 7 (1) of Schedule 2 to the Act, this regulation applies if:

                (a)    an employer would be obliged under a transitional instrument to pay redundancy pay for the redundancy of an employee; and

               (b)    a term of the instrument permits the employer to make a redundancy pay application to the Australian Industrial Relations Commission or to a State industrial tribunal.

         (2)   If the employer makes a redundancy pay application during the bridging period:

                (a)    the functions of receiving and determining the redundancy pay application are conferred on FWA; and

               (b)    a provision in the instrument has effect as if the references in it to the Commission or a State industrial tribunal were references to FWA.

Note 1    For the definition of Commission see subsection 4 (1) of the Workplace Relations Act 1996 .

Note 2    For the definition of bridging period see item 2 of Schedule 2 to the Act.

Note 3    For the definition of FWA see section 12 of the FW Act.

Note 4    For the definition of redundancy pay application see regulation 1.03.