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).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s119-122. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Redundancy calculation worksheet applying the NES scale to continuous service; Headcount evidence supporting any small business exclusion (fewer than 15 employees including associated entities); FWC determination where redundancy pay was reduced; Records of offers of alternative employment and their terms
What usually goes missing
Redundancy pay withheld for 'redeployment' offers the FWC never approved; Small business exclusion claimed without counting associated entities; Continuous service miscounted after transfers
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.