sch.38-sec.18Payment of assistance

### sch.38-sec.18 Payment of assistance Assistance under this part is payable to an applicant as follows— half of the amount is payable (the part 3 first payment ) on the authority approving the application under section 21 ; the remaining half of the amount is payable (the part 3 second payment ) on the authority being satisfied that— for an application relating to a category B entity—the entity has, on 8 November 2021, at least the same number of employees as the entity had on 25 September 2021; or for an application relating to a business collection—the businesses comprising the collection have, on 8 November 2021, a combined total of at least the same number of employees as the businesses had as a combined total on 25 September 2021. For subsection (1) (b) , the following persons are to be included as employees of a category B entity or a business that, on 8 November 2021, is part of a business collection— an employee of the entity or business who has been stood down under the Fair Work Act 2009 (Cwlth) , section 524 and who, on 8 November 2021, remains stood down; an employee of the entity or business who, on 8 November 2021, is on leave without pay; an employee of the entity or business who, during the period 25 September 2021 to 8 November 2021, voluntarily ended the employee’s employment with the entity or business. sch 38 s 18 ins 2021 SL No. 153 s 5 (sch.38-sec.18-ssec.1) Assistance under this part is payable to an applicant as follows— half of the amount is payable (the part 3 first payment ) on the authority approving the application under section 21 ; the remaining half of the amount is payable (the part 3 second payment ) on the authority being satisfied that— for an application relating to a category B entity—the entity has, on 8 November 2021, at least the same number of employees as the entity had on 25 September 2021; or for an application relating to a business collection—the businesses comprising the collection have, on 8 November 2021, a combined total of at least the same number of employees as the businesses had as a combined total on 25 September 2021. (sch.38-sec.18-ssec.2) For subsection (1) (b) , the following persons are to be included as employees of a category B entity or a business that, on 8 November 2021, is part of a business collection— an employee of the entity or business who has been stood down under the Fair Work Act 2009 (Cwlth) , section 524 and who, on 8 November 2021, remains stood down; an employee of the entity or business who, on 8 November 2021, is on leave without pay; an employee of the entity or business who, during the period 25 September 2021 to 8 November 2021, voluntarily ended the employee’s employment with the entity or business. - (a) half of the amount is payable (the part 3 first payment ) on the authority approving the application under section 21 ; - (b) the remaining half of the amount is payable (the part 3 second payment ) on the authority being satisfied that— (i) for an application relating to a category B entity—the entity has, on 8 November 2021, at least the same number of employees as the entity had on 25 September 2021; or (ii) for an application relating to a business collection—the businesses comprising the collection have, on 8 November 2021, a combined total of at least the same number of employees as the businesses had as a combined total on 25 September 2021. - (i) for an application relating to a category B entity—the entity has, on 8 November 2021, at least the same number of employees as the entity had on 25 September 2021; or - (ii) for an application relating to a business collection—the businesses comprising the collection have, on 8 November 2021, a combined total of at least the same number of employees as the businesses had as a combined total on 25 September 2021. - (i) for an application relating to a category B entity—the entity has, on 8 November 2021, at least the same number of employees as the entity had on 25 September 2021; or - (ii) for an application relating to a business collection—the businesses comprising the collection have, on 8 November 2021, a combined total of at least the same number of employees as the businesses had as a combined total on 25 September 2021. - (a) an employee of the entity or business who has been stood down under the Fair Work Act 2009 (Cwlth) , section 524 and who, on 8 November 2021, remains stood down; - (b) an employee of the entity or business who, on 8 November 2021, is on leave without pay; - (c) an employee of the entity or business who, during the period 25 September 2021 to 8 November 2021, voluntarily ended the employee’s employment with the entity or business.