Insolvency And The Protection Of Australian Employees Entitlements
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| Author | : Helen Anderson |
| Publisher | : Melbourne Univ. Publishing |
| Total Pages | : 477 |
| Release | : 2014-02-03 |
| Genre | : Law |
| ISBN | : 0522865992 |
The Protection of Employee Entitlements in Insolvency: An Australian Perspective is the first detailed analysis of the law and policy dealing with employee entitlements such as wages, leave and redundancy payments that are threatened when companies fail. Although Australia has a government-funded safety-net scheme, currently known as the Fair Entitlements Guarantee, it doesn't cover all lost entitlements for all workers. Some argue that the scheme removes any incentive for companies to make adequate provision for their employees' entitlements, increasing the burden on the taxpayer. As well as investigating ways to safeguard the entitlements of employees that are presently lost through the improper behaviour of directors, The Protection of Employee Entitlements in Insolvency covers the history of Australia's present system and comprehensively sets out the avenues available to assist employees to recover their entitlements. It also canvases what might be done in the future to improve the protection of employee entitlements in Australia when companies become insolvent.
| Author | : Mohammed Al Bhadily |
| Publisher | : LAP Lambert Academic Publishing |
| Total Pages | : 256 |
| Release | : 2011-04 |
| Genre | : |
| ISBN | : 9783844327670 |
The aim of this study is to critically analyse the effectiveness and adequacy of the Australian General Employee Entitlements Redundancy Scheme (GEERS) in providing protection for employee entitlements in the event of corporate insolvency. It surveys alternative models for protection of employee entitlements proposed and considered by the Howard Conservative Coalition Government (1996-2007) as well as alternative proposals from the then Australian Labor Party opposition. It includes a discussion of the Australian trade union advocated scheme, known as the National Entitlement Security Trust (NEST). GEERS is also evaluated against international models from developed and developing economies. This study concludes that the current regime of employee entitlement safeguards against corporate insolvency in Australia lacks a holistic approach and revision of the scheme is justified having regard to international benchmarks and conventions and impending industrial law challenges. In arriving at this conclusion this study makes the case for revision of GEERS and provides the essential elements of a revised scheme.
| Author | : Helen L. Anderson |
| Publisher | : |
| Total Pages | : 29 |
| Release | : 2013 |
| Genre | : |
| ISBN | : |
This article gives an overview of the enforcement by the Australian Securities and Investments Commission (ASIC) and the Fair Work Ombudsman (FWO) of laws for the protection of the entitlements of employees of insolvent corporate employers. It begins by explaining the types of actions available under the Corporations Act 2001 (Cth), including provisions inserted in 2000 specifically designed to protect employee entitlements in the context of corporate restructuring and insolvency. It looks at ASIC's response to this legislation and what the Gillard Government proposed as part of its 'Protecting Workers' Entitlements' package, announced prior to the 2010 federal election. The article then considers the actions of the FWO in prosecuting corporate employers and their officers for underpayment and non-payment of entitlements under the Fair Work Act 2009 (Cth), and whether more could be done. It concludes with some thoughts about overcoming the difficulties faced by ASIC and FWO.
| Author | : Adrian Murray |
| Publisher | : |
| Total Pages | : 33 |
| Release | : 2003 |
| Genre | : Labor laws and legislation |
| ISBN | : |
| Author | : Bradley Peppinck |
| Publisher | : |
| Total Pages | : 46 |
| Release | : 2002 |
| Genre | : Bankruptcy |
| ISBN | : |
| Author | : |
| Publisher | : International Labour Organization |
| Total Pages | : 108 |
| Release | : 1991 |
| Genre | : Bankruptcy |
| ISBN | : 9789221075257 |
| Author | : International Labour Office |
| Publisher | : International Labour Organization |
| Total Pages | : 164 |
| Release | : 1991 |
| Genre | : Business & Economics |
| ISBN | : 9789221064770 |
Examines the development of different systems designed to protect wages and other benefits if the employer becomes insolvent. The book includes a comparative study and four country studies (Austria, Belgium, Spain and the UK) illustrating both arrangements based on the principle of privileged claims and wage guarantee institutions linked to social security.
| Author | : Christopher F. Symes |
| Publisher | : Routledge |
| Total Pages | : 290 |
| Release | : 2016-12-05 |
| Genre | : Law |
| ISBN | : 1351897977 |
Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, Statutory Priorities in Corporate Insolvency Law includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status. As well as examining the traditional major categories of priorities, this work also identifies potential new categories for priority status such as environmental clean-up costs, international creditors, tort claimants and consumers among other non-consensual creditors. While the study focuses on Australian corporate insolvency law, where appropriate, comparisons are made with other common law jurisdictions, particularly the UK, Canada, New Zealand and the US.
| Author | : Peter Reith |
| Publisher | : |
| Total Pages | : 26 |
| Release | : 1999 |
| Genre | : Business failures |
| ISBN | : |
| Author | : Professor Paul Omar |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 488 |
| Release | : 2013-02-28 |
| Genre | : Law |
| ISBN | : 1409496058 |
International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and conduct of business in more than one jurisdiction. It is largely an offspring of globalization. Paul Omar examines the development of domestic rules dealing with cross-border instances and the many international projects in the field.
