Whitton and Secretary, Department of Employment and Workplace Relations

This matter concerned an application by Ms Whitton for review of a decision by the Secretary, Department of Employment and Workplace Relations, affirming a decision that she was ineligible for an advance on redundancy pay under the *Fair Entitlements Guarantee Act 2012* (Cth). The dispute arose because Ms Whitton lodged her claim for an advance after the statutory time limit had expired.

The primary legal issue before the Tribunal was whether Ms Whitton had met the conditions of eligibility for an advance under section 10 of the *Fair Entitlements Guarantee Act 2012* (Cth), specifically whether she had made an "effective claim" as required by section 10(1)(h). This necessitated an examination of the requirements for an effective claim, particularly the timing stipulated in section 14(2) of the Act.

The Tribunal considered that section 14(2) of the *Fair Entitlements Guarantee Act 2012* (Cth) mandates that a claim must be made within 12 months of the later of an insolvency event occurring to the employer or the termination of the person's employment. In this instance, an insolvency event occurred on 7 June 2019, and Ms Whitton's employment ended on 6 June 2019, meaning her claim should have been lodged by 7 June 2020. As Ms Whitton lodged her claim on 10 September 2021, it was significantly outside this period. The Tribunal noted that the wording "must" in section 14(2) indicates a mandatory obligation and that there is no discretion, either for the Secretary or the Tribunal on review, to extend this time limit, a position supported by previous Tribunal decisions.

The Tribunal affirmed the Reviewable Decision, finding that Ms Whitton did not make an effective claim within the time prescribed by the *Fair Entitlements Guarantee Act 2012* (Cth). Consequently, she was not eligible for an advance on redundancy pay.