Klemm and Secretary, Department of Employment

This matter concerned an appeal by Mr Klemm against a decision of the Secretary of the Department of Employment regarding a claim for an advance under the *Fair Entitlements Guarantee Act 2012* (Cth) (the Act). The claim arose following an insolvency event.

The central legal issue before the Court was whether Mr Klemm was entitled to a redundancy pay entitlement under a governing instrument for the termination of his employment, as defined by section 6(5) of the Act.

The Court found that Mr Klemm did not possess a redundancy pay entitlement under a governing instrument for the termination of his employment. Consequently, the Court determined that the amount of the advance claimed by Mr Klemm, for the purposes of sections 16 and 23 of the Act, had been correctly calculated. The decision under review was therefore affirmed.