Fair Entitlements Guarantee (Oceania Glass Pty Ltd in Administration) Declaration 2025

Administered by Department of Employment and Workplace Relations

Legislation au F2025L00343 In force Legislative Instrument

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FAIR ENTITLEMENTS GUARANTEE (OCEANIA GLASS PTY LTD IN ADMINISTRATION) DECLARATION 2025

 

EXPLANATORY STATEMENT

Issued under the Authority of the Minister for Employment and Workplace Relations

 

under section 49 of the Fair Entitlements Guarantee Act 2012

 

Purpose and operation of the Instrument

 

The purpose of this instrument is to declare that the Fair Entitlements Guarantee Act 2012 (the Act) applies to persons who were employed, but are no longer employed, by Oceania Glass Pty Ltd (Administrators Appointed) A.C.N. 630 152 206 which is an entity under administration under Part 5.3A of the Corporations Act 2001 (the Corporations Act). The Act does not otherwise apply to persons whose former employer is in administration.

Legislative background

The Act creates a scheme to provide financial assistance for workers who have not been fully paid for work done for insolvents or bankrupts.

Section 10 of the Act sets out the conditions for an individual’s eligibility for an advance under the Act. One of the conditions is that an ‘insolvency event’ has happened to the person’s employer. An ‘insolvency event’, as defined in section 5 of the Act, happens to an employer:

  • when a liquidator of the employer is appointed (provisionally or otherwise) under the Corporations Act; or
  • when the employer becomes a bankrupt under the Bankruptcy Act 1966; or
  • if the person is or was employed for a partnership by 2 or more of the partners - at the first time an event described above happens, or has happened, to all of the partners by whom the person is or was employed

but does not include the employer in administration under Part 5.3A of the Corporations Act.

Section 49 of the Act allows the Minister to declare that the Act applies to persons who were employed, but are no longer employed, by a specified employer that is under administration under Part 5.3A of the Corporations Act if satisfied that:

  • The employer’s creditors are expected to resolve at a meeting convened under section 439A of the Corporations Act that the employer be wound up; and
  • If the declaration is made, it will be practicable to administer the Act as it will apply because of the declaration in relation to the specified employer.

Effect of the declaration

The effect of the declaration is that the Act applies to former employees of Oceania Glass Pty Ltd (Administrators Appointed) A.C.N. 630 152 206 as if the relevant administrator were a liquidator appointed when the administrator was appointed, and the reference to an ‘insolvency event’ in paragraph 14(2)(a) of the Act is a reference to this declaration being made.

This will allow any former employees of Oceania Glass Pty Ltd (Administrators Appointed) A.C.N. 630 152 206 to make a claim under the Act and have their claims for an advance assessed and paid in accordance with the Act.

CONSULTATION

To be satisfied of the factors listed in subsection 49(2) of the Act, consultation was undertaken with the insolvency practitioners appointed to Oceania Glass Pty Ltd (Administrators Appointed) A.C.N. 630 152 206.

 

REGULATion IMPACT STATEMENT

The Office of Impact Analysis was consulted regarding this instrument and indicated that a detailed Impact Analysis was not required (OIA25-09266).

 

The Declaration is a legislative instrument for the purposes of the Legislation Act 2003.

 

The Declaration takes effect on the day after it is registered on the Federal Register of Legislation.

 

This instrument is not exempt from sunsetting under the Legislation Act 2003.


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Fair Entitlements Guarantee (Oceania Glass Pty Ltd in Administration) Declaration 2025

 

The Fair Entitlements Guarantee (Oceania Glass Pty Ltd in Administration) Declaration 2025 is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The purpose of this instrument is to declare that the Fair Entitlements Guarantee Act 2012 (the Act) applies to persons who were employed, but are no longer employed, by Oceania Glass Pty Ltd (Administrators Appointed) A.C.N. 630 152 206 which is an entity under administration under Part 5.3A of the Corporations Act 2001 (the Corporations Act). The Act does not otherwise apply to persons whose former employer is in administration.

 

The Act creates a scheme to provide financial assistance for workers who have not been fully paid for work done for insolvents or bankrupts.

Section 10 of the Act sets out the conditions for an individual’s eligibility for an advance under the Act. One of the conditions is that an ‘insolvency event’ has happened to the person’s employer. An ‘insolvency event’, as defined in section 5 of the Act, happens when a liquidator of the employer is appointed (provisionally or otherwise) but does not include the employer in administration under Part 5.3A of the Corporations Act.

Section 49 of the Act allows the Minister to declare that the Act applies to persons who were employed, but are no longer employed, by a specified employer that is under administration under Part 5.3A of the Corporations Act if satisfied that:

  • The employer’s creditors are expected to resolve at a meeting convened under section 439A of the Corporations Act that the employer be wound up; and
  • If the declaration is made, it will be practicable to administer the Act as it will apply because of the declaration in relation to the specified employer.

The effect of the declaration is that the Act applies to former employees of Oceania Glass Pty Ltd (Administrators Appointed) A.C.N. 630 152 206 as if the relevant administrator were a liquidator appointed when the administrator was appointed, and the reference to an ‘insolvency event’ in paragraph 14(2)(a) of the Act is a reference to this declaration being made.

This will allow any former employees of Oceania Glass Pty Ltd (Administrators Appointed) A.C.N. 630 152 206 to make a claim under the Act and have their claims for an advance assessed and paid in accordance with the Act.

 

Human rights implications

 

Article 9 of the International Covenant on Economic, Social and Cultural Rights (the ICESCR) provides that, ‘the State Parties to the present Covenant recognise the right of everyone to social security, including social insurance.’ The Committee on Economic, Social and Cultural Rights has stated that the right to social security encompasses the right to access benefits, whether in cash or in kind, without discrimination in order to secure protection from lack of work-related income caused by unemployment.[1]

 

The Act establishes an assistance scheme that is intended to operate as a safety net for persons whose employment has ended due to the insolvency of their employer. This safety net could be characterised as ‘social insurance’ because it ensures that employees’ unpaid entitlements are met when their employer enters liquidation or bankruptcy. It thus seeks to protect individuals from lack of work-related income due to unemployment.

 

This declaration expands the operation of the Act to an employer in administration under the Corporations Act. The effect is advances of unpaid employment entitlements can be made to eligible former employees. This supports the right to access benefits in order to secure protection from lack of work-related income caused by unemployment.

 

Conclusion

 

This Declaration is compatible with human rights as it does not raise any human rights issues.

 

 

 

Senator the Hon Murray Watt

 

Minister for Employment and Workplace Relations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment A

NOTES ON SECTIONS

Section 1 – Name

Section 1 provides that the title of the instrument is the Fair Entitlements Guarantee (Oceania Glass Pty Ltd in Administration) Declaration 2025.

Section 2 – Commencement

Section 2 provides that the instrument commences on the day after it is registered on the Federal Register of Legislation.

Section 3 – Authority

Section 3 provides that the instrument is made under section 49 of the Fair Entitlements Guarantee Act 2012.

Section 4 – Declaration

Section 4 declares that the Fair Entitlements Guarantee Act 2012 applies in relation to persons who were employed, but are no longer employed, by Oceania Glass Pty Ltd (Administrators Appointed) A.C.N. 630 152 206 which is an entity in administration under the Corporations Act 2001.

 

[1] Committee on Economic, Social and Cultural Rights, General Comment 19, The Right to Social Security, U.N. Doc. E/C.12/GC/19 (2008)

Overview

The Fair Entitlements Guarantee (Oceania Glass Pty Ltd in Administration) Declaration 2025 was enacted to address the gap in coverage under the Fair Entitlements Guarantee Act 2012 for employees of employers in administration. This legislative instrument was introduced by the Minister for Employment and Workplace Relations, pursuant to section 49 of the Fair Entitlements Guarantee Act 2012, and aims to extend the safety net provided by the Act to former employees of Oceania Glass Pty Ltd, which is currently under administration under Part 5.3A of the Corporations Act 2001. The primary policy objective of the Declaration is to ensure that former employees of the specified employer can access financial assistance for unpaid work-related entitlements, thereby protecting them from income loss due to their employer's insolvency or bankruptcy. The Declaration takes effect on the day after it is registered on the Federal Register of Legislation and is not exempt from the provisions of the Legislation Act 2003.

Scope and Application

The Fair Entitlements Guarantee (Oceania Glass Pty Ltd in Administration) Declaration 2025 applies to individuals who were previously employed by Oceania Glass Pty Ltd, a company currently under administration under Part 5.3A of the Corporations Act 2001. This legislative instrument extends the applicability of the Fair Entitlements Guarantee Act 2012 (the Act) to former employees of Oceania Glass Pty Ltd who are not covered under the Act in their current employment status. The Act generally provides financial assistance to employees who have not been fully compensated for their work due to their employer’s insolvency or bankruptcy, but it typically excludes those whose employer is in administration. The declaration allows these former employees to make claims and receive advances for their unpaid entitlements as if the administrator were a liquidator, facilitating their access to the financial support intended by the Act. The geographic scope of this legislation is national, as it involves the administration of federal laws pertaining to insolvency and employee entitlements. The Act and the declaration operate under the authority of the Commonwealth of Australia, extending the legislative protection to affected employees across the country. Importantly, the declaration does not introduce any new exclusions or thresholds beyond those already outlined in the Fair Entitlements Guarantee Act 2012. The Minister for Employment and Workplace Relations, having consulted with relevant insolvency practitioners and confirmed the practicability of administering the Act in this context, has authorised the declaration. The instrument is not exempt from sunsetting provisions under the Legislation Act 2003 and will take effect on the day after its registration on the Federal Register of Legislation.

Key Provisions

The Fair Entitlements Guarantee (Oceania Glass Pty Ltd in Administration) Declaration 2025 (the Declaration) is made under section 49 of the Fair Entitlements Guarantee Act 2012 (the Act). It declares that the Act applies to former employees of Oceania Glass Pty Ltd (Administrators Appointed) A.C.N. 630 152 206, which is currently under administration under the Corporations Act 2001. The purpose of the Declaration is to ensure that these former employees can make claims for unpaid employment entitlements, as if the administrator of Oceania Glass Pty Ltd were a liquidator appointed under the Corporations Act. This means that the Act will provide financial assistance to eligible former employees who have not been fully paid for their work due to the insolvency of their former employer. The Declaration imposes specific obligations on the parties involved, primarily ensuring that the Fair Entitlements Guarantee Act 2012 applies to the former employees of Oceania Glass Pty Ltd. The Minister for Employment and Workplace Relations must be satisfied that the employer's creditors are expected to resolve at a meeting under section 439A of the Corporations Act to wind up the employer and that it is practicable to administer the Act due to the declaration. The Minister must also consult with the relevant insolvency practitioners appointed to Oceania Glass Pty Ltd before making the declaration. The Office of Impact Analysis was consulted to confirm that a detailed Impact Analysis was not required. The Declaration does not explicitly outline specific offences, penalties, or consequences for breach within its text. However, breaches of the Fair Entitlements Guarantee Act 2012 could result in civil or criminal penalties. Under section 26 of the Fair Entitlements Guarantee Act 2012, a person who knowingly or recklessly makes a false or misleading statement in a claim for an advance under the Act may be subject to a civil penalty of up to $22,200 for individuals and $111,000 for bodies corporate. Additionally, section 27 of the Act imposes criminal penalties for knowingly or recklessly making a false or misleading statement in a claim, which can result in fines of up to $22,200 for individuals and $111,000 for bodies corporate, or imprisonment for up to 2 years, or both. These penalties are consistent with the general enforcement mechanisms provided under the Fair Entitlements Guarantee Act 2012.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.