{"id":"F2024L01440","name":"Fair Entitlements Guarantee (Rex Airlines Pty Ltd in Administration) Declaration 2024","slug":"fair-entitlements-guarantee-rex-airlines-pty-ltd-in-administration-declaration-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105436,"registerId":"commonwealth-F2024L01440-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Entitlements Guarantee (Rex Airlines Pty Ltd in Administration) Declaration 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nFair Entitlements Guarantee (Rex Airlines Pty Ltd in Administration) Declaration 2024\n\nI, MURRAY WATT, Minister for Employment and Workplace Relations, make the following declaration.\n\nDated  8 November 2024  \n\n \n\n \n\n \n\n \n\n \n\nMurray Watt\n\nMinister for Employment and Workplace Relations\n\n \n\n \n\n \n\n1  Name\n\n  This instrument is the Fair Entitlements Guarantee (Rex Airlines Pty Ltd in Administration) Declaration 2024.\n\n2  Commencement\n\n  This instrument commences on the day after it is registered on the Federal Register of Legislation.\n\n3  Authority\n\n  This instrument is made under section 49 of the Fair Entitlements Guarantee Act 2012.\n\n4  Declaration\n\n  The Fair Entitlements Guarantee Act 2012 applies in relation to persons who were employed, but are no longer employed, by Rex Airlines Pty Ltd (Administrators Appointed) A.C.N. 642 400 048 which is an entity in administration under the Corporations Act 2001.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument changes the practical scope of application of the Fair Entitlements Guarantee Act 2012 by declaring that the Act applies to persons who were employed, but are no longer employed, by the specifically named Rex Airlines Pty Ltd (Administrators Appointed) A.C.N. 642 400 048, an entity in administration under the Corporations Act 2001 (s.4). The change is narrowly targeted to that named entity and takes effect the day after registration (s.2)."},"complexity_factors":["Narrow, single-purpose instrument targeted at one named corporate entity (s.4).","Relies on cross-reference to the Fair Entitlements Guarantee Act 2012 for substantive and procedural detail (s.3–4).","Creates legal effect by ministerial declaration under a specific statutory power (s.3), introducing an element of discretionary decision-making.","Commencement depends on registration timing rather than a fixed calendar date (s.2).","No operational detail (eligibility criteria, payment mechanics, timelines) is included in the instrument itself (s.3–4), requiring users to consult the primary Act."],"plain_english_summary":"What this instrument does (mechanical effect)\n\n- It declares that the Fair Entitlements Guarantee Act 2012 (FEG Act) applies to people who were employed, but are no longer employed, by Rex Airlines Pty Ltd (Administrators Appointed) A.C.N. 642 400 048, which is an entity in administration under the Corporations Act 2001 (s.4).\n- The declaration is made by the Minister for Employment and Workplace Relations under section 49 of the FEG Act (s.3). The instrument is named in s.1 and comes into force the day after it is registered on the Federal Register of Legislation (s.2).\n\nWhy the instrument exists (official claim and immediate legal consequence)\n\n- Officially, the instrument brings the specified former employees within the legal scope of the Fair Entitlements Guarantee Act 2012 (s.4). The instrument itself does not set out payment rules, eligibility criteria, or administrative procedure; it makes the FEG Act \"apply in relation to\" that group, so the operational details are those of the FEG Act (s.3–4).\n\nWho decides and who is directly affected\n\n- Decision-maker: the Minister for Employment and Workplace Relations made the declaration under the statutory power in s.49 of the FEG Act (s.3; instrument preamble). \n- Directly affected: persons who were employed, but are no longer employed, by the named Rex Airlines entity in administration (s.4). The declaration is limited to that named corporate entity (s.4).\n\nWhat changes in behaviour, process and legal status\n\n- Legal scope: persons falling within the description in s.4 are now brought within the operation of the FEG Act; the steps, assessments and remedies available to them will follow the processes established by the FEG Act (s.4).\n- Timing: the change takes legal effect the day after registration of this instrument (s.2), so there is a clear trigger for when the FEG Act will begin to apply to the specified group.\n\nPractical implications to consider (costs, incentives, trade-offs, implementation risks)\n\n- Costs and funding: this instrument does not itself specify funding arrangements or payment mechanics. Any costs or payments that arise will depend on the provisions and processes of the Fair Entitlements Guarantee Act 2012, which this instrument activates for the named group (s.3–4).\n- Incentives and private behaviour: by bringing these former employees within the scope of the FEG Act, the declaration changes the legal options available to those individuals (s.4). It may alter claim-making behaviour by former employees and the administrative actions required of parties who must interact with the FEG framework, but the instrument does not specify those administrative steps (s.4).\n- Administrative discretion and transparency: the instrument is an exercise of ministerial statutory power under s.49 of the FEG Act (s.3). The declaration names a single corporate entity and does not list the criteria the Minister applied; how discretion is exercised in other cases will depend on the FEG Act and any internal guidance the Minister uses (s.3–4).\n- Implementation risk and timing: the instrument becomes effective the day after registration (s.2). That creates a predictable start date, but any operational activity required by the FEG Act for processing claims must follow from the registration and existing FEG Act procedures (s.2–4).\n- Scope and concentration: the effect is narrowly targeted to a specifically named company in administration (s.4). The benefits and administrative effects are therefore concentrated on a clearly defined, limited group rather than broad classes of employers or employees.\n\nSummary statement\n\nThis declaration is a narrowly framed legal step that, once registered, causes the Fair Entitlements Guarantee Act 2012 to apply to persons who were employed (but are no longer employed) by the named Rex Airlines entity in administration. The Minister made the declaration under the statutory power in s.49 of the FEG Act (s.3). The instrument sets timing (s.2) and the precise coverage (s.4) but relies on the substantive and procedural provisions of the FEG Act for how claims, payments or administrative actions will be handled (s.3–4)."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 49 of the Fair Entitlements Guarantee Act 2012 - making a declaration to ensure FEG applies to employees of a specific company in administration. There is no scope creep; it is a standard administrative instrument of a type made regularly under this Act."},"complexity_factors":["Extremely short: only 4 operative sections spanning less than one page","No defined terms section - relies entirely on definitions in the parent Fair Entitlements Guarantee Act 2012","Single, straightforward declaration with no conditions, exceptions, or nested logic","No cross-references beyond citation of the empowering section (s 49) and the Corporations Act 2001","Binary operation: either the declaration is made or it isn't - no graduated or variable outcomes"],"plain_english_summary":"This is a short legal instrument that activates a special safety net for workers who lost their jobs when Rex Airlines went into administration (a form of insolvency where outside administrators take control of the company).\n\n**What it does:**\n- Declares that the **Fair Entitlements Guarantee (FEG)** scheme applies to former employees of Rex Airlines Pty Ltd\n\n**What is FEG?**\n- A government program that pays out certain unpaid employee entitlements when a company goes broke and can't pay its workers. This covers things like:\n  - **Unpaid wages** (up to 13 weeks)\n  - **Annual leave** and **long service leave**\n  - **Redundancy pay** (payment when your job is eliminated)\n  - **Payment in lieu of notice** (pay for the period you should have been given notice before termination)\n\n**Who it affects:**\n- Former employees of Rex Airlines who lost their jobs because the company entered administration\n- The administrators handling Rex Airlines' insolvency\n\n**Why it matters:**\n- Without this declaration, FEG might not automatically apply to Rex employees, or there could be uncertainty about their eligibility\n- It ensures workers can access the government safety net quickly rather than waiting potentially years in the liquidation queue\n- It provides certainty during a stressful time for workers who have already lost their employer"}},"importantCases":[],"_links":{"self":"/api/acts/fair-entitlements-guarantee-rex-airlines-pty-ltd-in-administration-declaration-2024","history":"/api/acts/fair-entitlements-guarantee-rex-airlines-pty-ltd-in-administration-declaration-2024/history","analysis":"/api/acts/fair-entitlements-guarantee-rex-airlines-pty-ltd-in-administration-declaration-2024/analysis","conflicts":"/api/acts/fair-entitlements-guarantee-rex-airlines-pty-ltd-in-administration-declaration-2024/conflicts","importantCases":"/api/acts/fair-entitlements-guarantee-rex-airlines-pty-ltd-in-administration-declaration-2024/important-cases","documents":"/api/acts/fair-entitlements-guarantee-rex-airlines-pty-ltd-in-administration-declaration-2024/documents"}}