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Employee Protection (Employee Entitlements Guarantee) Bill 2005

Part 1 Preliminary

1   Short title

                   This Act may be cited as the Employee Protection (Employee Entitlements) Act 2005.

2   Commencement

             (1)  Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

             ( 2 )  If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3   Object of this Act

             ( 1 )  The object of this Act is to protect the interests of employees in the event of the insolvency of their employers.

             ( 2 )  The principal means adopted for the achievement of this object are the following:

                     (a)  to establish a scheme of employee entitlements protection insurance; and

                     (b)  to require employers to insure their workforces under the scheme; and

                     (c)  to provide for the determination and enforcement of claims under the scheme.

4   Non-application of this Act to employment by government or local government agencies

                   This Act does not apply to a contract of employment, or the parties to a contract of employment, if:

                     (a)  the employer is the Crown, or an agency, instrumentality or representative of the Crown, in right of the Commonwealth, a State or a Territory; or

                     (b)  the employer is a body established under a law of the Commonwealth, a State or a Territory conferring powers of local government on the body.

5   Extension to Territories

                   This Act:

                     (a)  extends to the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island; and

                     (b)  has effect as if those Territories were part of Australia.