{"id":"F2024L00400","name":"Fair Entitlements Guarantee (Tuftex Carpets Pty Ltd in Administration) Declaration 2024","slug":"fair-entitlements-guarantee-tuftex-carpets-pty-ltd-in-administration-declaration-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105154,"registerId":"commonwealth-F2024L00400-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Entitlements Guarantee (Tuftex Carpets 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 (Tuftex Carpets Pty Ltd in Administration) Declaration 2024\n\nI, TONY BURKE, Minister for Employment and Workplace Relations, make the following declaration.\n\nDated: 27 March 2024   \n\n \n\n \n\n \n\n \n\n \n\nTony Burke\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 (Tuftex Carpets 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 Tuftex Carpets Pty Ltd (Administrators Appointed) which is an entity in administration under the Corporations Act 2001.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow, specific function intended by section 49 of the Fair Entitlements Guarantee Act 2012: declaring that the Act applies to a specific company in administration. There is no scope creep — it does not expand beyond triggering the statutory safety net for this particular corporate insolvency event."},"complexity_factors":["Extremely short: only 4 operative sections spanning less than one page","No defined terms section — relies entirely on definitions in the parent Act (Fair Entitlements Guarantee Act 2012)","Single substantive provision (section 4) with straightforward declaratory language","No conditional logic, exceptions, or cross-references beyond citation of the empowering provision (section 49)","No procedural requirements, time limits, or administrative mechanisms contained within the instrument itself"],"plain_english_summary":"This is a short legal instrument that activates a special safety net for workers who lost their jobs when Tuftex Carpets Pty Ltd went into administration (a form of insolvency where outside administrators take control of a struggling company).\n\n**What it does:**\n- Declares that the **Fair Entitlements Guarantee Act 2012** applies to former employees of Tuftex Carpets Pty Ltd\n- This means eligible workers can claim unpaid wages, annual leave, redundancy pay, and other entitlements from the government if the company cannot pay them\n\n**Who it affects:**\n- People who were employed by Tuftex Carpets but are no longer employed because the company entered administration\n- The company itself (Administrators Appointed) — indicating external administrators are now running it\n\n**Why it matters:**\nWhen companies go broke, employees often miss out on money they're owed. The Fair Entitlements Guarantee is a taxpayer-funded scheme that steps in as a last resort to protect workers' entitlements up to certain limits. Without this declaration, those specific workers wouldn't be able to access the scheme for this particular company collapse."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not change the underlying Fair Entitlements Guarantee Act; it applies that Act to a named company’s former employees (section 4) under the Minister’s authority cited (section 3). The declaration therefore changes which persons are brought within the Act’s operation but does not amend or expand the Act’s text or general scope within this instrument."},"complexity_factors":["Narrow, single-purpose instrument with limited operative text (section 4)","Relies by reference on another Act for substantive rules and mechanics (section 3)","Absence of detailed definitions or eligibility mechanics in the instrument itself (section 4)","Requires administrative follow-up to determine individual eligibility and apply the referenced Act (section 4)","Ministerial discretion is implicated by the enabling provision cited (section 3) but the instrument does not explain decision criteria"],"plain_english_summary":"This declaration, made by the Minister under the Fair Entitlements Guarantee Act 2012, brings that Act into effect for people who were employed (but no longer are) by Tuftex Carpets Pty Ltd (Administrators Appointed). It does not set eligibility, payment or funding details itself—those follow from the Fair Entitlements Guarantee Act and its administrative processes, so agency determinations will be required."}},"importantCases":[],"_links":{"self":"/api/acts/fair-entitlements-guarantee-tuftex-carpets-pty-ltd-in-administration-declaration-2024","history":"/api/acts/fair-entitlements-guarantee-tuftex-carpets-pty-ltd-in-administration-declaration-2024/history","analysis":"/api/acts/fair-entitlements-guarantee-tuftex-carpets-pty-ltd-in-administration-declaration-2024/analysis","conflicts":"/api/acts/fair-entitlements-guarantee-tuftex-carpets-pty-ltd-in-administration-declaration-2024/conflicts","importantCases":"/api/acts/fair-entitlements-guarantee-tuftex-carpets-pty-ltd-in-administration-declaration-2024/important-cases","documents":"/api/acts/fair-entitlements-guarantee-tuftex-carpets-pty-ltd-in-administration-declaration-2024/documents"}}