Frequently asked questions - for employees
Claims Process
Q: How does the Department assess my GEERS claim?
A: The Department begins assessment when a completed GEERS claim form is received. The Department contacts the insolvency practitioner for details about your eligibility and verification of outstanding entitlements payable by GEERS. The Department will notify you in writing when your claim has been processed.
Q: What happens if my employer’s company records are poor?
A: The Department may ask an independent GEERS contractor to assist, or ask you to complete a statutory declaration to verify your entitlements. If additional information is requested by the Department you must provide this within 28 days.
Q: How long will it take for the Department to process my GEERS claim?
A: The department aims to process your claim as quickly as possible. The time taken to determine your eligibility for GEERS may depend upon the department's ability to obtain sufficient information from you, the insolvency practitioner who is managing your former employer's affairs or any third party, where relevant.
Q: If I am eligible, who gives me my GEERS payment?
A: The Department will forward the GEERS advance to the insolvency practitioner who will then issue you with a cheque. Please note that the insolvency practitioner will also deduct any Tax or HECS due from the payment. In some cases, your advance may be distributed by an independent GEERS contractor.
Q: What happens to my claim if I am entitled to receive a payment towards my entitlements from another source?
A: Your GEERS advance may be reduced in this situation. You must inform the Department if you receive any payments towards your entitlements from any other source.
Q: What happens to my entitlements if my former employer’s business is sold or transfers ownership (i.e. a transmission of business) and I accept employment with the new owner?
A: Generally your new employer is responsible for your entitlements and GEERS would only pay unpaid wages.
Q: What happens to my claim if I performed work for a business that has gone into liquidation or bankruptcy but was legally employed by another business?
A: The insolvency practitioner can usually provide the Department with information and verify your employment status from your employer’s company records. To receive GEERS assistance your employer must be in liquidation or bankruptcy.
Q: How can I tell if the bankrupt entity or entity in liquidation is my legal employer?
A: You can work out who your legal employer is by using the circumstances test which considers the relationship between you and your employer by considering whether:
- the employer is named in any employment contract or other industrial instrument
- the employer is named on your pay slips
- the employer is named on your PAYG summaries
- any other documentation describes the employment relationship.
These points are not exhaustive and other factors can also be taken into account to determine the legal employer.
Q: How do I know if I am an independent contractor or an employee?
A: You are more likely to be an employee if you:
- receive close direction on how the work will be done
- are treated as part of the hirer’s enterprise, such as wearing uniforms and representing the business publicly
- do not make a significant capital contribution to the enterprise (eg. do not supply your own vehicle)
- get paid by the hour not by results
- receive leave, superannuation and other entitlements
- work at the hirer’s place of work
- have your income tax deducted by the hirer
- work directly for the hirer and do not provide similar services to the general public, advertise your services or tender for work.
You can visit the Workplace Relations website or your local state service for further information on how to determine your status.
Employees submitting a claim will usually be ineligible for a GEERS advance if they are contractors, sub-contractors or agents, rather than employees.
Q: Am I eligible if my employer is under administration, a receiver manager or is subject to a Deed of Company Arrangement, Trust or Personal Insolvency Agreement or Debt Agreement?
A: Your employer must be in liquidation or bankruptcy for you to be eligible for GEERS.
Q: How can I check the progress of my claim?
A: You can check with your insolvency practitioner how your claim is progressing, or contact the GEERS Hotline on 1300 135 040.
Q: Can my GEERS advance affect my Centrelink payments?
A: Yes. Any GEERS advance may affect your entitlement to a Government allowance provided by Centrelink. To discuss the effect of GEERS, Centrelink can be contacted on 13 10 21.
Review Process
Q: Why have I been advanced a different GEERS amount than my colleagues or the amount that I claimed?
A: Each claim is assessed individually. The amount of your GEERS advance is determined from your outstanding legal employee entitlements and in accordance with the OAs. This is dependent on the industrial instrument that you are covered by, such as Awards or employment contracts and the period of time that you were employed by your employer.
Q: Can I request that my claim be reviewed if I am dissatisfied with the outcome?
A: Yes. You can request that your claim outcome be reviewed. You have 28 days from the date on the letter of the original decision to lodge a review in writing.
Q: What is involved in a review?
A: As part of the review, the Department will consider your request and respond to you in writing. It is also important that you provide any additional supporting information relevant to your claim which may be considered in the review, including your signed employment contract and payslips. The process is limited to the issues which are disputed by you as stated in your request and matters that flow from those issues. The review is not an automatic re-examination of the entire claim. Do not send original documents as these will not be returned.
Q: How long will the review take?
A: The department aims to process your review as quickly as possible. The time taken may depend upon the department's ability to obtain sufficient information from you, the insolvency practitioner who is managing your former employer's affairs or any third party, where relevant.
Appeal Process
Q: Can I lodge an appeal of the review outcome made about my claim if I am dissatisfied with the outcome?
A: Yes. You can lodge an appeal of your review outcome. You have one right of appeal in relation to the Department’s review decision. The outcome of an appeal is final and the Department will not consider any further correspondence about your claim. You have 28 days from the date of the letter of the review outcome to lodge an appeal in writing.
Q: What is involved in an appeal?
A: As part of the appeal, the Department will consider your request and respond to you in writing. It is also important that you provide any additional supporting information which may be considered as part of the appeal, for example your letter of appointment (with conditions listed) and a signed separation certificate. The process is limited to the issues which are disputed by you as stated in your request and matters that flow from those issues. The appeal is not an automatic re-examination of the entire claim. Your appeal will be considered by a senior officer previously not involved in the case. Do not send original documents as these will not be returned.
Q: How long will the appeal take?
A: There is no set time limit on processing an appeal request. The timeframe depends on the Department obtaining information from yourself, the insolvency practitioner managing the affairs of your former employer, or any other third party.
For more information on GEERS, contact the GEERS Hotline on 1300 135 040, or email GEERS@deewr.gov.au.