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EBOOK
Author Anderson, Helen.
Title Protection of Employee Entitlements in Insolvency : an Australian Perspective.
Imprint Carlton : Melbourne University Press, 2014.

Author Anderson, Helen.
Subject Employee rights -- Australia.
Industrial relations -- Australia.
Corporate debt -- Australia.
Business failures -- Australia.
Description 1 online resource (477 pages)
Note Print version record.
Contents The Protection of Employee Entitlements in Insolvency: an Australian Perspective; Contents; Acknowledgements; Copyright Acknowledgements; Introduction; Motivation for this Book; This Book's Content; How the Research Was Conducted; Notes; 1 Employee Vulnerability; Introduction; Why Employees are Vulnerable to Corporate Collapse; The Particular Problem of Fraudulent Phoenix Activity38; Patrick Stevedores; Mount Schank Meat Processing; Major Collapses around the Turn of This Century; Exicom; Grafton Meatworks; Cobar Mines; Woodlawn Mine; Oakdale Collieries; National Textiles; Conclusion; Notes.
2 The Federal Government: 1996-2000Introduction; Parliamentary Debate; Wage Guarantee; Employment Security; Legislation; Employees as Priority Creditors; Conclusion; Notes; 3 Government Safety Net Schemes; Introduction; History; The Special Scheme for Ansett Employees; GEERS and the Fair Entitlements Guarantee; Executive vs Legislated Scheme; Caps, Limits and Exclusions; Priority, Subrogation and the Requirement of Liquidation; Practical Issues Concerning GEERS and FEG; Extent of Payments under the EESS, GEERS and FEG; Conclusion; Notes; 4 The Federal Government: after 2000; Introduction.
The Stocktake ReportCorporations Amendment (Insolvency) Act 2007 (Cth); The Phoenix Proposals Paper and the Government's Responses; Phoenixing Act; Similar Names Bill; The Director Penalty Regime; Stronger Super and Other Measures Bill 2012; Conclusion; Notes; 5 The Enforcement Roles of ASIC and DEEWR; Introduction; ASIC; The Role of ASIC; ASIC's Actions to Assist Employees; ASIC Statistics; Comment on ASIC Enforcement; DEEWR; Conclusion; Notes; 6 The Labour Law Response; Introduction; The Availability of the Compensation Remedy; Litigation by the FWO; The Unions.
Submissions and Contributions to the Political DebateUnion Interventions in Particular Insolvencies; Legal Actions; Unions as Representatives of Employee Creditors; Industry Trust Funds; Other Labour Law Issues Affecting Employee Entitlements; Conclusion; Notes; 7 Director Liability, Disqualification and Issues of Enforcement; Introduction; Important Considerations in Imposing Liability on Directors for Unpaid Entitlements; Reform of Pt 5.8A; Directors' Duties; Reverse Onus; Liability for Defined Phoenix Activity; Director Liability under Stakeholder Statutes; Director Disqualification.
General Issues of EnforcementConclusion; Notes; 8 Encouragement towards Voluntary Administration and Liquidation; Introduction; Background to Voluntary Administration; Voluntary Administration Compared with Liquidation; Should VA or Liquidation Be Encouraged for the Benefit of Employees?; How to Encourage Prompt Entry into VA or Liquidation; Corporate Resurrections and Prepackaged Administrations; Conclusion; Notes; 9 Alternatives to Director Liability; Introduction; Preventative Measures; Industry Trust Funds; Insurance Bonds and Bank Guarantees; Provision of Security.
Note Preventing the Incorporation of Phoenix Companies.
Summary 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.
Bibliography Note Includes bibliographical references and index.
ISBN 0522865992
9780522865998 (electronic bk.)
OCLC # 958507227
Additional Format Print version: Anderson, Helen. Protection of Employee Entitlements in Insolvency : An Australian Perspective. Carlton : Melbourne University Press, ©2014


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