L2, 16 Parliament Place,West Perth WA 6005
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FAQs

For employees.
FAQ’s

Frequently Asked Questions

What Happens To My Entitlements Once My Employer Goes Into Liquidation?

Your unpaid entitlements rank as a priority claim in the liquidation ahead of the claims of unsecured creditors.

If there are sufficient assets and subject to the rights of any secured creditors and the costs of the liquidation, employee entitlements are paid first in the following order:

Your unpaid entitlements rank as a priority claim in the liquidation ahead of the claims of unsecured creditors.

If there are sufficient assets and subject to the rights of any secured creditors and the costs of the liquidation, employee entitlements are paid first in the following order:

The Liquidator will have provided you with a Formal Proof of Debt form that can be used to lodge your claim. You are encouraged to provide supporting documentation, such as pay slips, to substantiate your claim.

Please visit the ‘Current Administrations’ tab to obtain a fresh Formal Proof of Debt form.

In the event that there are insufficient assets in the company to pay out your entitlements, the Fair Entitlements Guarantee (“FEG”), operated by the Attorney-General’s Department, may be accessed once the company is in liquidation, to address your unpaid entitlements (not including superannuation).

Visit the FEG website at www.employment.gov.au/fair-entitlements-guarantee-feg.

For a listing of fact sheets, please click this link: FEG – Fact Sheets

Your employer is responsible for the preparation of your PAYG Payment Summary up to the date that the Liquidator was appointed.

If the company prepared your PAYG Payment Summary and you have misplaced yours, please contact the Liquidator to obtain another copy.

If the Liquidator engaged with you during the liquidation period and paid you wages, the Liquidator will provide you with a PAYG Payment Summary for the liquidation period.

No, you will not be penalized or asked to pay additional tax as a result of your employer not paying the PAYG-w on your behalf.

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