{"id":"F2023L00381","name":"Fair Entitlements Guarantee (Indexation of Maximum Weekly Wage) Regulations 2023","slug":"fair-entitlements-guarantee-indexation-of-maximum-weekly-wage-regulations-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441798,"registerId":"F2023L00381-fast-fetch-1775957002680","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Entitlements Guarantee (Indexation of Maximum Weekly Wage) Regulations 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n\n\n \n\nFair Entitlements Guarantee (Indexation of Maximum Weekly Wage) Regulations 2023\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 30 March 2023\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nTony Burke\n\nMinister for Employment and Workplace Relations\n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Maximum weekly wage\n\n7 Saving provision—indexation of maximum weekly wage in accordance with the repealed Fair Entitlements Guarantee (Indexation of Maximum Weekly Wage) Regulation 2013\n\nSchedule 1—Repeals\n\nFair Entitlements Guarantee (Indexation of Maximum Weekly Wage) Regulation 2013\n\n1 Name\n\n This instrument is the Fair Entitlements Guarantee (Indexation of Maximum Weekly Wage) Regulations 2023.\n\n2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 31 March 2023\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3 Authority\n\n This instrument is made under the Fair Entitlements Guarantee Act 2012.\n\n4 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5 Definitions\n\n In this instrument:\n\nAct means the Fair Entitlements Guarantee Act 2012.\n\n6 Maximum weekly wage\n\n (1) For the purposes of paragraph (b) of the definition of maximum weekly wage in section 5 of the Act, this section sets out the manner of indexing the amounts specified in that definition.\n\n (2) The maximum weekly wage for the year starting on 1 July 2022 is $2,585.\n\nNote: $2,585 is the result of indexation of the maximum weekly wage in accordance with the Fair Entitlements Guarantee (Indexation of Maximum Weekly Wage) Regulation 2013 before the repeal of that instrument.\n\n (3) The maximum weekly wage for a year starting on 1 July 2023, or a later year starting on 1 July, is the maximum weekly wage for the previous year, indexed using the following steps.\n\n \n\n| Step | Indexation |\n| --- | --- |\n| Step 1 | Identify the last assessment of current average weekly ordinary time earnings published by the Australian Statistician before 1 July of the year for which the calculation is being made.
Note: This is the most recently published (before 1 July of the year for which the calculation is being made) amount of the average weekly ordinary time earnings, seasonally adjusted, for full‑time adult employees of all employers in Australia. |\n| Step 2 | Divide it by the last assessment of current average weekly ordinary time earnings published by the Australian Statistician before 1 July of the previous year.
Note: This is the most recently published (before 1 July of the previous year) amount of the average weekly ordinary time earnings, seasonally adjusted, for full‑time adult employees of all employers in Australia. |\n| Step 3 | Round the result to 3 decimal places. If the fourth decimal place is 5 or above, round it up.
If the rounded result is less than 1, the rounded result becomes 1.
Multiply the maximum weekly wage for the previous year by the rounded result.
If the result includes a number of cents, round the result to the nearest dollar. Round up an amount of 50 cents.
The result is the maximum weekly wage for the year starting on 1 July for which the calculation is being made. |\n\n\n \n\n7 Saving provision—indexation of maximum weekly wage in accordance with the repealed Fair Entitlements Guarantee (Indexation of Maximum Weekly Wage) Regulation 2013\n\n The repeal of the Fair Entitlements Guarantee (Indexation of Maximum Weekly Wage) Regulation 2013 by Schedule 1 to this instrument does not affect the indexation, in accordance with that instrument before its repeal, of an amount specified in the definition of maximum weekly wage in section 5 of the Act.\n\nSchedule 1—Repeals\n\n \n\nFair Entitlements Guarantee (Indexation of Maximum Weekly Wage) Regulation 2013\n\n1 The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument repeals the 2013 indexation regulation but re‑establishes an annual AWOTE‑linked indexation method and fixes the 2022 amount at $2,585. The regulation preserves indexation already carried out under the repealed instrument (saving provision) and does not broaden or narrow the statutory group of persons or types of payments to which the FEG maximum weekly wage applies."},"complexity_factors":["Technical reliance on ABS data (the most recently published AWOTE figure before 1 July) — timing determines the index factor.","Multi-step numeric procedure: ratio of two AWOTE values, rounding to 3 decimal places with specific tie‑breaking, floor of 1.000, multiplication, then rounding to the nearest dollar (50 cents rounded up).","Cross-reference to the Fair Entitlements Guarantee Act 2012 for the meaning and legal effect of 'maximum weekly wage'.","Repeal of the 2013 regulation combined with a saving provision preserving earlier indexation results — requires administrative attention to transitional data.","Annual application (each year starting 1 July) requiring repeated calculations and publication/recordkeeping."],"plain_english_summary":"This regulation sets the cap used to calculate Fair Entitlements Guarantee (FEG) payments. It fixes the maximum weekly wage at $2,585 for the year from 1 July 2022 and prescribes an annual indexation method tied to the Australian Bureau of Statistics’ average weekly ordinary‑time earnings (AWOTE), including precise rounding rules. It therefore affects workers claiming unpaid entitlements after employer insolvency and the Commonwealth’s payable amounts by determining the annual payment ceiling."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation maintains the original narrow scope of the 2013 regulations it replaces. Both instruments serve the single purpose of indexing the maximum weekly wage for the FEG scheme. The 2023 version simply updates the base amount and continues the same indexation methodology."},"complexity_factors":["Very short instrument (7 sections plus a Schedule)","Only 1 defined term ('Act')","Single operational purpose: setting and indexing one monetary figure","Clear step-by-step mathematical formula in section 6(3) with worked example implicit in the steps","No cross-references to other legislation beyond the parent Act","Straightforward repeal and saving provision"],"plain_english_summary":"This bill updates how the Fair Entitlements Guarantee’s maximum weekly wage is set: it fixes the rate at $2,585 from 1 July 2022 and replaces the old 2013 indexation rules with a new automatic annual adjustment tied to the ABS average weekly ordinary time earnings for full‑time adults. It affects workers claiming FEG after employer insolvency and ensures the cap keeps pace with wage growth, while preserving prior calculations under the old rules."}},"importantCases":[],"_links":{"self":"/api/acts/fair-entitlements-guarantee-indexation-of-maximum-weekly-wage-regulations-2023","history":"/api/acts/fair-entitlements-guarantee-indexation-of-maximum-weekly-wage-regulations-2023/history","analysis":"/api/acts/fair-entitlements-guarantee-indexation-of-maximum-weekly-wage-regulations-2023/analysis","conflicts":"/api/acts/fair-entitlements-guarantee-indexation-of-maximum-weekly-wage-regulations-2023/conflicts","importantCases":"/api/acts/fair-entitlements-guarantee-indexation-of-maximum-weekly-wage-regulations-2023/important-cases","documents":"/api/acts/fair-entitlements-guarantee-indexation-of-maximum-weekly-wage-regulations-2023/documents"}}