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Fair Work Legislation Amendment (Small Business Redundancy Exemption) 2023
✦ Plain-English Summary
# Fair Work Legislation Amendment (Small Business Redundancy Exemption) Bill 2023
## What it does
This bill changes the Fair Work Act to create an exemption from redundancy pay requirements for small businesses. The exact scope of the exemption isn't fully detailed in this excerpt—it focuses mainly on updating definitions around insolvency practitioners and bankruptcy trustees to support the broader changes.
## Why it matters
If passed, small business owners facing financial difficulty could potentially avoid paying redundancy entitlements when they need to lay off workers, which would save them money but leave affected employees without this safety net. This is a significant shift from current law, which requires all employers (regardless of size) to pay statutory redundancy.
## Key details
- **Commencement**: The law would take effect the day after receiving Royal Assent (the Governor-General's signature)
- **Who's behind it**: Senators Lambie and Pocock introduced this bill, suggesting it may be controversial—these crossbench senators don't typically align with major parties
- **What's still unclear**: This excerpt doesn't spell out exactly which small businesses qualify for the exemption or under what circumstances it applies; you'd need to see the full bill text to understand the actual scope
Official Description
Amends the Fair Work Act 2009 to provide an exception to the operation of the small business redundancy exemption when a larger business downsizes to become a smaller business employer due to insolvency.
Audit History
Introduced
6 Nov 2023
Last updated on APH
10 Apr 2026
Last checked by Crossbench
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Next review
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Full text indexed
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