{"id":"F2018L00479","name":"Fair Entitlements Guarantee (Extended operation of the Act in relation to Custom Bus Australia Pty Ltd in Administration) Declaration 01/2018","slug":"fair-entitlements-guarantee-extended-operation-of-the-act-in-relation-to-custom-bus-australia-pty-lt","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100004,"registerId":"commonwealth-F2018L00479-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Entitlements Guarantee (Extended operation of the Act in relation to Custom Bus Australia Pty Ltd in Administration) Declaration 01/2018","content":"Fair Entitlements Guarantee (Extended operation of the Act in relation to Custom Bus Pty Ltd in Administration) Declaration 01/2018\n\nFair Entitlements Guarantee Act 2012, section 49\n\nI, CRAIG LAUNDY, Minister for Small and Family Business, the Workplace and Deregulation, make this declaration under section 49 of the Fair Entitlements Guarantee Act 2012.\n\nDated on the 6th day of April 2018.\n\nCraig Laundy\n\nMinister for Small and Family Business, the Workplace and Deregulation\n\n1. Name of declaration\n\nThis declaration is the Fair Entitlements Guarantee (Extended operation of the Act in relation to Custom Bus Australia Pty Ltd in Administration) Declaration 01/2018.\n\n2. Commencement\n\nThis declaration commences on the day after it is registered on the Federal Register of Legislation.\n\n3. Declaration\n\nThe Fair Entitlements Guarantee Act 2012 applies in relation to persons who were employed, but are no longer employed, by Custom Bus Australia Pty Ltd which is an entity in administration under the Corporations Act 2001.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This declaration serves exactly its intended purpose under section 49 of the Fair Entitlements Guarantee Act 2012, which specifically allows the Minister to extend FEG coverage to companies in administration on a case-by-case basis. The scope has not expanded beyond this targeted, discretionary power."},"complexity_factors":["Extremely short instrument (3 operative sections)","No defined terms section (relies on definitions in parent Act)","No cross-references beyond single citation to Fair Entitlements Guarantee Act 2012 and Corporations Act 2001","Simple unconditional declaration with no exceptions or conditional logic","Single purpose: extending statutory operation to one named entity in a specific insolvency status"],"plain_english_summary":"This is a short legal instrument that extends a safety net for workers who lost their jobs when a specific company went bust.\n\n**What it does:**\n- The **Fair Entitlements Guarantee (FEG)** is a government scheme that pays workers certain unpaid wages and entitlements (like annual leave and redundancy pay) when their employer goes into liquidation or bankruptcy and can't afford to pay them.\n- Normally, FEG only covers companies that have entered **liquidation** (a formal winding-up process where a liquidator sells assets to pay debts).\n- This declaration extends FEG coverage to employees of **Custom Bus Australia Pty Ltd**, even though that company was only in **administration** (a temporary rescue process where an administrator tries to save the company or get a better result for creditors than immediate liquidation would).\n\n**Who it affects:**\n- Former employees of Custom Bus Australia Pty Ltd who lost their jobs while the company was in administration.\n\n**Why it matters:**\n- Without this declaration, these workers would have had to wait until the company entered liquidation (which might never happen) before they could claim FEG assistance. This declaration lets them access the safety net immediately, rather than being left in limbo."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This declaration extends the operation of the Fair Entitlements Guarantee Act 2012 to former employees of a specific employer (Custom Bus Australia Pty Ltd) that is in administration (section 3). It therefore changes the set of persons to whom the Act applies by adding a named entity; it does not amend the Act itself or alter its substantive provisions. The instrument’s commencement and ministerial origin are set out in section 2 and the header/signature."},"complexity_factors":["Very short instrument with three operative paragraphs (name, commencement, declaration) — low textual complexity.","Relies entirely on cross-reference to the Fair Entitlements Guarantee Act 2012 for substantive effect (external dependence increases legal tracing but not textual complexity).","Delegates substantive eligibility, payment and procedural rules to the parent Act rather than setting them out here.","Uses statutory powers (Ministerial declaration under section 49) — introduces an element of administrative discretion to apply the Act to a specific entity.","Interaction with another statute (Corporations Act 2001: administration status) requires checking external facts and law to determine when the declaration applies in practice."],"plain_english_summary":"This declaration, made by the Minister on 6 April 2018, extends the Fair Entitlements Guarantee Act 2012 to people who were employed by Custom Bus Australia Pty Ltd while that company is in administration. It takes effect the day after registration and simply makes the Act’s statutory claims process available to those former employees.\n\nThe instrument does not set payment amounts, funding sources, or alter insolvency law or administrators’ duties; those details remain governed by the Act."}},"importantCases":[],"_links":{"self":"/api/acts/fair-entitlements-guarantee-extended-operation-of-the-act-in-relation-to-custom-bus-australia-pty-lt","history":"/api/acts/fair-entitlements-guarantee-extended-operation-of-the-act-in-relation-to-custom-bus-australia-pty-lt/history","analysis":"/api/acts/fair-entitlements-guarantee-extended-operation-of-the-act-in-relation-to-custom-bus-australia-pty-lt/analysis","conflicts":"/api/acts/fair-entitlements-guarantee-extended-operation-of-the-act-in-relation-to-custom-bus-australia-pty-lt/conflicts","importantCases":"/api/acts/fair-entitlements-guarantee-extended-operation-of-the-act-in-relation-to-custom-bus-australia-pty-lt/important-cases","documents":"/api/acts/fair-entitlements-guarantee-extended-operation-of-the-act-in-relation-to-custom-bus-australia-pty-lt/documents"}}