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Glossary of key GEERS terms


Glossary:

ASIC:  Australian Securities and Investments Commission

CM:  GEERS Case manager

DoCA:  Deed of Company Arrangement

DoU:   Deed of Undertaking

GEERS:   General Employee Entitlements and Redundancy Scheme

PIA:   Personal Insolvency Agreement

OAs:   Operational Arrangements

The Department:   Department of Education, Employment and Workplace Relations

ToB:  Transmission of Business

Key terms:

Advance means a payment usually made to an Insolvency Practitioner or independent contractor for the purposes of paying an employee’s eligible entitlements under GEERS.

Appointment of an Insolvency Practitioner means an event in which an Insolvency Practitioner was appointed to manage the affairs of an employer.

Operational Arrangements are the policies and administrative arrangements which govern the administration of GEERS.

Australian Government means the government of the Commonwealth of Australia.

Bankruptcy has the same meaning as it does in the Bankruptcy Act 1966.

Bonus payments means any bonus which is dependent on particular targets or conditions being met.

Claimant means a person who has lodged a claim for a GEERS Advance in any format approved by us for this purpose.

Debt Agreement means a debt agreement entered into under Part IX of the Bankruptcy Act 1966.

Decision Maker means the Secretary of the Department of Education, Employment and Workplace Relations or a person delegated to make decisions under the Operational Arrangements. Decision Maker also includes a person exercising a delegation in accordance with the Chief Executive Instructions under Section 52 of the Financial Management and Accountability Act 1999.

Deed of Company Arrangement means a deed of company arrangement executed under Part 5.3A of the Corporations Act 2001 as varied and in force from time to time.

Deed of Undertaking means an undertaking, in the form specified by the Department from time to time, which we may require claimants to execute.

Eligible Entitlements means the entitlements payable under GEERS as specified in Clause 8 of the GEERS OAs.

Employee means an employee at common law.

Employer means a person who employs, or has employed, an Employee or Employees and includes:

  1. an individual
  2. a company
  3. a partnership
  4. any other entity that we decide is an Employer for the purposes of the Operational Arrangements.

Excluded Employee means a person who falls within any of the following categories:

  1. a person who is an excluded employee within the meaning contacted in section 556 of the Corporations Act 2001
  2. a person who has been a principal, or a Relative of a Principal, in relation to the employer the subject of the claim, within the twelve months prior to the Appointment of an Insolvency Practitioner.

GEERS means the General Employee Entitlements and Redundancy Scheme as administered by us.
Insolvency Event means an event referred to in clause 6(a) of the Operational Arrangements currently in place.

Insolvency Practitioner means a person appointed to manage the affairs of an insolvent Employer. This means a:

  1. liquidator or provisional liquidator
  2. administrator or deed administrator
  3. bankruptcy trustee
  4. controller, including receiver and manager, receiver and managing controller, or
  5. person engaged by us to assist in progressing claims for an Advance, through undertaking any of the roles described in these Arrangements.

Maximum Annual Wage for the purposes of the Operational Arrangements is the amount specified in the Workplace Relations Regulations 2006. The Maximum Annual Wage is indexed each year, and the Maximum Annual Wage for each financial year is available under How your GEERS claim will be assessed.

Note: when calculating an Employee’s wage entitlement we convert their annual wage to a weekly wage.

Non-Ongoing or Irregular Commissions means any commissions which are paid less than quarterly or which are dependent on future sales or other targets being achieved.

Note: One-off commissions, productivity based commissions, and commissions for achievements that are extraordinary to the usual duties undertaken or expected of the Employee are not considered to be Eligible Entitlements under GEERS.

Non-Ongoing Payments means a payment which is made on a one-off or irregular basis, including payments which are dependent upon particular circumstances occurring (eg a call out allowance).

Personal Insolvency Agreement means a Personal Insolvency Agreement entered into under Part X of the Bankruptcy Act 1966.

Principal means a person who is an unincorporated Employer.

Reimbursement Payments means the reimbursement of a work-related expense which has already been paid for by the Employee, for example, reimbursement of a telephone bill.

Reinstatement Order means an order from an industrial court or tribunal ordering that an Employee be reinstated, and does not include an order for compensation alone.

Relative in relation to a person means the spouse, parent or remoter lineal ancestor, son, daughter, or brother or sister of the person.

Secretary means the Secretary of the Department of Education, Employment and Workplace Relations or Secretary of the Australian Government Department administering GEERS from time to time.

Statutory Agreement means a certified agreement or Australian Workplace Agreement under the Workplace Relations Act 1996 or their equivalents under State industrial relations laws.

Unpaid Wages:

  1. includes wages for work already performed
  2. includes payment for overtime already worked but not paid for
  3. includes underpayment of wages, in the three month period prior to the Appointment of an Insolvency Practitioner, that has resulted in the Employee receiving less than their legal wage entitlement as specified in their relevant industrial instrument
  4. includes amounts for paid leave which has been taken but not paid for
  5. includes net salary deductions and salary sacrifice payments made to third parties on behalf of the Employee (such as personal superannuation contributions or health insurance payments)
  6. includes commission, if it is paid for tasks that are ordinarily and regularly undertaken by an Employee, is paid as wages and constitutes a substantial proportion of an Employee’s regular income
  7. includes ongoing commission for past sales or performance (provided that the commission is paid at least quarterly)
  8. excludes Employer contributions and payments made in respect of the Employee (such as the Employer’s superannuation payment).

Verified Details means details about Employees and their outstanding Employee entitlements that are valid and accurate based on the records of the Employer in accordance with these Arrangements.

For more information on GEERS, contact the insolvency practitioner managing your former employer's affairs, the GEERS Hotline on 1300 135 040, or email GEERS@deewr.gov.au.