EMPLOYEE PROTECTION (EMPLOYEE ENTITLEMENTS GUARANTEE) BILL 2005

i Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005

Contents

Part 1--Preliminary

Short title.......................................................................................1

Commencement .............................................................................1

Object of this Act ...........................................................................2

Non-application of this Act to employment by government

or local government agencies..........................................................2

Extension to Territories..................................................................2

Part 2--Interpretation

Interpretation .................................................................................3

Insolvency .....................................................................................4

Part 3--Employee Entitlements Protection Insurance

Division 1--Policy of employee entitlements protection

insurance

Nature of policy of employee entitlements protection

insurance .......................................................................................6

Extent of employee's protection......................................................6

Division 2--Obligation to hold insurance

Obligation to hold employee entitlements protection

insurance .......................................................................................7

Exempt employers, partial exemptions etc ......................................7

Division 3--Information about insurance

Employer to give information to employees about employee

entitlements protection insurance....................................................8

Requests for information ................................................................8

Insurer to notify policy of employee entitlements protection

insurance .......................................................................................8

Commissioner to give information on request to employee ..............9

Part 4--Approved insurers

Division 1--Approved insurer agreement

Meaning of approved insurer ..........................................................9

Withdrawal from scheme..............................................................10

Division 2--The nominal insurer scheme

The Commissioner to be nominal insurer ......................................10

Approved insurers to contribute to costs of claims against

nominal insurer............................................................................10

Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 ii

Division 3--Bad risk cross-subsidisation scheme

Establishment of scheme ..............................................................11

Contributions to scheme...............................................................11

Entitlements under scheme...........................................................12

Part 5--Claims

Entitlement to make claim............................................................12

Making of claim...........................................................................13

Insurer against whom claim is to be made .....................................13

Insurer's response to claim............................................................13

Conciliation of disputes................................................................14

Proceedings in court....................................................................14

Insurer's rights of subrogation.......................................................14

Part 6--Administration

Commissioner responsible for general administration of Act .........14

Powers of the Commissioner ........................................................15

Supervisory powers--Commissioner may obtain information

and material.................................................................................15

Secrecy........................................................................................16

Delegation ...................................................................................18

Annual report...............................................................................18

Part 7--Miscellaneous

Returns........................................................................................18

False or misleading information in claims.....................................19

Application of the Criminal Code .................................................19

Regulations..................................................................................19

Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 1

A Bill for an Act to provide for the establishment

and administration of a scheme to guarantee the

payment of wages and other accrued liabilities

owed to employees in the event of employer

insolvency, and for related purposes

The Parliament of Australia enacts:

Part 1--Preliminary

1 Short title

This Act may be cited as the Employee Protection (Employee

Entitlements) Act 2005.

2 Commencement

(1) Subject to subsection (2), this Act commences on a day to be fixed

by Proclamation.

(2) If this Act does not commence under subsection (1) within the

period of 6 months beginning on the day on which this Act

receives the Royal Assent, it commences on the first day after the

end of that period.

Part 2 Interpretation

Section 3

2 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005

3 Object of this Act

(1) The object of this Act is to protect the interests of employees in the

event of the insolvency of their employers.

(2) The principal means adopted for the achievement of this object are

the following:

(a) to establish a scheme of employee entitlements protection

insurance; and

(b) to require employers to insure their workforces under the

scheme; and

under the scheme.

4 Non-application of this Act to employment by government or local

government agencies

This Act does not apply to a contract of employment, or the parties

to a contract of employment, if:

(a) the employer is the Crown, or an agency, instrumentality or

representative of the Crown, in right of the Commonwealth, a

State or a Territory; or

(b) the employer is a body established under a law of the

Commonwealth, a State or a Territory conferring powers of

local government on the body.

5 Extension to Territories

This Act:

(a) extends to the Territory of Cocos (Keeling) Islands and the

Territory of Christmas Island; and

(b) has effect as if those Territories were part of Australia.

Interpretation Part 2

Section 6

Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 3

Part 2--Interpretation

6 Interpretation

In this Act, unless the contrary intention appears:

approved insurer has the meaning given in section 16.

Commissioner means the Insurance and Superannuation

Commissioner appointed under the Insurance and Superannuation

Commissioner Act 1987, or a person for the time being acting as

Insurance and Superannuation Commissioner under that Act.

contract of employment includes:

(a) a contract of apprenticeship;

(b) a contract under which a person works for commission;

person;

(d) a contract under which a person performs or presents, or

participates in the performance or presentation of, any music,

play, dance, entertainment, sport, display or promotional

activity or any similar activity involving the exercise of

intellectual, artistic, musical, physical or other personal

skills;

(e) a contract under which a person provides services in

connection with an activity referred to in paragraph (c);

(f) a contract under which a person performs services in, or in

connection with, the making of any film, tape or disc or of

any television or radio broadcast.

employer means a person who is liable to pay for the services of

another under a contract of employment and includes a former

employer.

employee means a person who provides services under a contract

of employment and includes a former employee.

insolvent has the meaning given by section 7.

Part 2 Interpretation

Section 7

4 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005

insurer means:

(a) a person authorised by the Insurance Act 1973 or a law of a

State to carry on insurance business; or

(b) a body corporate that is, under the law of a State, responsible

for administering a scheme of workers compensation;

and includes the nominal insurer.

nominal insurer means the Commissioner in the Commissioner's

capacity as nominal insurer under this Act.

relevant conciliation procedures means procedures for the

settlement of claims under this Act by conciliation prescribed:

(a) in the case of a claim against an approved insurer--in the

agreement between the Commissioner and the insurer; or

(b) in the case of a claim against the nominal defendant--in the

regulations.

wages includes any payment made, or to be made, by an employer

to or for the benefit of an employee under a contract of

employment.

workforce means the total body of an employer's employees (and,

if an employer has only one employee, is a reference to that

employee).

year means calendar year.

7 Insolvency

(1) A person is insolvent if the person is unable to pay debts as they

fall due.

(2) Without limiting subsection (1), an individual is to be regarded as

insolvent if the individual:

(a) has become bankrupt; or

(b) has applied to take the benefit of a law for the benefit of

bankrupt or insolvent debtors; or

Employee Entitlements Protection Insurance Part 3

Section 7

Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 5

(d) has assigned his or her remuneration for the benefit of

creditors.

(3) Without limiting subsection (1), a company is to be regarded as

insolvent if:

(a) the company has entered into a compromise or arrangement

with its creditors, or a class of its creditors, and the

administration of the compromise or arrangement has not yet

ended; or

(b) a receiver, or a receiver and manager, of property of the

company has been appointed and is acting; or

the Corporations Law; or

(d) the company has executed a deed of company arrangement

under Part 5.3 of the Corporations Law and the arrangement

has not yet terminated; or

(e) the company is under official management; or

(f) the company is being wound up; or

(g) a provisional liquidator has been appointed for the company

and has not since been removed.

Part 3 Employee Entitlements Protection Insurance

Division 1 Policy of employee entitlements protection insurance

Section 8

6 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005

Part 3--Employee Entitlements Protection

Insurance

Division 1--Policy of employee entitlements protection

insurance

8 Nature of policy of employee entitlements protection insurance

A policy of employee entitlements protection insurance is a policy

of insurance under which an approved insurer insures an

employer's workforce against loss resulting from the employer's

insolvency.

9 Extent of employee's protection

An employee is entitled to be indemnified under a policy of

employee entitlements protection insurance for liabilities of the

following kinds owed by an insolvent employer to the employee:

(a) a liability for unpaid wages;

(b) a liability resulting from termination of employment without

notice or with insufficient notice;

(d) a liability for repayment of a premium or other amount paid

by the employee to the employer for training in a particular

trade or profession;

(e) a liability for payment relating to redundancy or termination

payments as provided for under the relevant employment's

instrument or an order of an industrial tribunal; and

(f) a liability of the employer outstanding in respect of the

employer's superannuation obligations under legislation or

under the relevant employment instrument.

Employee Entitlements Protection Insurance Part 3

Obligation to hold insurance Division 2

Section 10

Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 7

Division 2--Obligation to hold insurance

10 Obligation to hold employee entitlements protection insurance

An employer (other than an exempt employer) must take out, and

maintain, a policy of employee entitlements protection insurance

with an approved insurer for the employer's workforce.

Penalty: 150 penalty units.

11 Exempt employers, partial exemptions etc

(1) An employer is exempt from the requirement to hold a policy of

employee entitlements protection insurance if: the employer's

employees are not employed for the purposes of a trade or business

carried on by the employer.

(2) An employer is exempt from the requirement to hold a policy of

employee entitlements protection insurance if the employer

employs fewer than 20 employees.

(3) The Commissioner, if satisfied that other satisfactory arrangements

have been made by the employer, may issue a certificate in writing

exempting an employer from the obligation to hold employee

entitlements protection insurance in respect of all or any of the

matters set out in section 9.

(4) Where, because of the provisions of subsection (3), the

Commissioner issues a certificate exempting an employer from the

obligation to hold employee entitlements protection insurance in

respect of some of the matters set out in section 9, the

Commissioner may approve an arrangement under which the

employer pays a premium calculated in respect of protection for

those matters set out in section 9 and not covered in the certificate.

(5) The calculation and determination of any exemption or liability

under this section is to be on the basis of principles and

requirements fixed by regulation.

Part 3 Employee Entitlements Protection Insurance

Division 3 Information about insurance

Section 12

8 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005

Division 3--Information about insurance

12 Employer to give information to employees about employee

entitlements protection insurance

An employer must provide each employee with an information

booklet in a form approved by the Commissioner:

(a) explaining the employee's rights under the policy of

employee entitlements protection insurance maintained by

the employer; and

(b) stating the name of the employer's insurer under the policy of

employee entitlements protection insurance.

Penalty: 50 penalty units.

13 Requests for information

An employer must, at the request of the employee, notify the

employee of the name and address of the insurer under the

employer's policy of employee entitlements protection insurance.

Penalty: 50 penalty units.

14 Insurer to notify policy of employee entitlements protection

insurance

An insurer must, on issuing a policy of employee entitlements

protection insurance for an employer's workforce, give the

Commissioner written notice:

(a) stating the name and address of the employer; and

(b) containing the information required by the regulations.

Penalty: 50 penalty units.

Approved insurers Part 4

Approved insurer agreement Division 1

Section 15

Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 9

15 Commissioner to give information on request to employee

(1) The Commissioner must, at the request of an employee, notify the

employee of the name and address of the insurer under the

employer's policy of employee entitlements protection insurance,

as shown in the Commissioner's records.

(2) If it appears from the Commissioner's records that the employer

does not have a current policy of employee entitlements protection

insurance, the Commissioner must notify the employee of that fact.

Part 4--Approved insurers

Division 1--Approved insurer agreement

16 Meaning of approved insurer

(1) An approved insurer is an insurer that enters into an agreement

with the Commissioner under which the insurer:

(a) undertakes to accept all applications for policies of employee

entitlements protection insurance at a rate of premium not

exceeding limits fixed by the Commissioner for the purposes

of this section; and

(b) undertakes to contribute to the costs of the nominal insurer as

required by the Commissioner under this Part; and

cross-subsidisation scheme as required by the Commissioner

under this Part; and

(d) is entitled to payments under the bad risk cross-subsidisation

scheme on the basis fixed in the scheme.

(2) The agreement with the approved insurer is also to provide for a

scheme for the conciliation of disputed claims under policies of

employee entitlements protection insurance.

Part 4 Approved insurers

Division 2 The nominal insurer scheme

Section 17

10 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005

17 Withdrawal from scheme

(1) An insurer may withdraw from the agreement with the

Commissioner by giving written notice of withdrawal.

(2) The withdrawal takes effect, on a date fixed in the notice, which

must be at least one year after the date the notice is given.

(3) When the withdrawal takes effect, the insurer ceases to be an

approved insurer.

(4) After giving notice of withdrawal, an insurer must not issue any

further policies of employee entitlements protection insurance.

Penalty: 150 penalty units.

Division 2--The nominal insurer scheme

18 The Commissioner to be nominal insurer

The Commissioner is to be regarded as the insurer under a policy

of employee entitlements protection insurance (the nominal

insurer) of employees of an employer who:

(a) is exempt from insurance under this Act; or

(b) fails to hold a policy of employee entitlements protection

insurance for the benefit of the employer's workforce as

required under this Act.

19 Approved insurers to contribute to costs of claims against

nominal insurer

(1) An approved insurer must contribute towards the nominal insurer's

costs on a basis determined by the Commissioner.

(2) The basis of contribution must:

(a) be fair and equitable as between approved insurers; and

(b) ensure as far as practicable and subject to any adjustments

that the Commissioner considers fair and equitable in a

particular case that the ratio between:

Approved insurers Part 4

Bad risk cross-subsidisation scheme Division 3

Section 20

Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 11

(i) an insurer's premium income, or estimated premium

income, from policies of wage protection insurance; and

(ii) the insurer's contributions to the nominal insurer's costs;

is approximately the same for each approved insurer.

Division 3--Bad risk cross-subsidisation scheme

20 Establishment of scheme

(1) The Commissioner may establish a scheme (the bad risk

cross-subsidisation scheme) under which the costs of

insuring against bad risks are fairly apportioned between all

approved insurers.

(2) An insurer is taken to have insured against a bad risk if:

(a) the employer becomes insolvent within 1 year after

taking out a policy of employee entitlements protection

insurance; or

(b) the risk of a claim under a policy of employee

entitlements protection insurance is classified by the

Commissioner as a bad risk under criteria determined by

the Commissioner.

21 Contributions to scheme

(1) An approved insurer must make contributions for the

purposes of the bad risk cross-subsidisation scheme on a

basis determined by the Commissioner.

(2) The basis of contribution must:

(a)

be fair and equitable as between approved insurers; and

(b) must ensure as far as practicable and subject to any

adjustments that the Commissioner considers fair and

equitable in a particular case that the ratio between:

(i) an insurer's premium income, or estimated premium

income, from policies of employee entitlements

protection insurance; and

Part 5 Claims

Division 3 Bad risk cross-subsidisation scheme

Section 22

12 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005

(ii) the insurer's contributions to the bad risk

cross-subsidisation scheme;

is approximately the same for each approved insurer.

22 Entitlements under scheme

An approved insurer that incurs costs in relation to bad risks is

entitled to be indemnified against those costs under the bad risk

cross-subsidisation scheme to the extent fixed under the scheme.

Part 5--Claims

23 Entitlement to make claim

(1) An employee is entitled to make a claim under a policy of

employee entitlements protection insurance if:

(a) the employer is insolvent; and

(b) an amount covered by the policy has fallen due for payment

by the employer; and

within 14 days after receiving a written claim for payment

made by or on behalf of the employee.

(2) If:

(a) an employer is insolvent; and

(b) written notice of the insolvency is given to an employee by:

(i) the employer; or

(ii) a trustee in bankruptcy, liquidator or other person

authorised to administer the employer's affairs; or

(iii) an insurer under a policy of wage protection insurance;

and

regulations;

the employee's right (if any) to make a claim under the policy of

employee entitlements protection insurance is extinguished if the

claim is not brought within 6 months after the date the written

notice was given.

Claims Part 5

Bad risk cross-subsidisation scheme Division 3

Section 24

Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 13

24 Making of claim

(1) A claim by an employee under a policy of employee entitlements

protection insurance must be made in writing.

(2) The claim must set out:

(a) the name and address of the claimant; and

(b) the name of the insolvent employer; and

employer started and ended; and

(d) the amount claimed by the claimant under the policy and the

basis on which it is claimed.

(3) The claimant must at the request of the insurer provide any further

information or materials that the insurer may reasonably require to

determine the claim.

25 Insurer against whom claim is to be made

A claim is to be made against:

(a) the insurer under the employer's policy of employee

entitlements protection insurance; or

(b) if the employer is an exempt employer or did not hold a

policy of wage protection insurance for the benefit of the

employer's workforce--the nominal insurer.

26 Insurer's response to claim

(4) An insurer must, as expeditiously as possible but in any case within

1 month after receiving a claim under a policy of employee

entitlements protection insurance, respond to the claim by giving

written notice to the claimant stating:

(a) whether the insurer rejects or accepts the claim; and

(b) if the insurer accepts the claim in part, stating the amount to

which the insurer believes the claimant to be entitled under

the policy.

(5) If, within 14 days after receiving the claim, the insurer reasonably

asks the claimant to provide further information or materials to

Part 6 Administration

Division 3 Bad risk cross-subsidisation scheme

Section 27

14 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005

enable the insurer to determine the claim, the insurer is not

required to respond to the claim until 14 days after the information

or materials are provided.

27 Conciliation of disputes

If a claim under a policy of employee entitlements protection

insurance is disputed, either the insurer or the claimant may refer

the dispute for conciliation in accordance with the relevant

conciliation procedures.

28 Proceedings in court

(1) If:

(a) an insurer does not respond to a claim as required under this

Act; or

(b) a disputed claim is not resolved in conciliation proceedings;

the claimant may bring an action against the insurer to recover the

amount of the claim in a court with jurisdiction to determine claims

in contract up to the amount of the claim.

(2) In an action brought under subsection (1), an employee protected

by a policy of employee entitlements protection insurance is to be

regarded as having the same rights to claim under the policy as if

the employee were a party to the insurance contract.

29 Insurer's rights of subrogation

If an insurer makes any payment on a claim under a policy of

employee entitlements protection insurance, the insurer is

subrogated to the rights of the claimant against the claimant's

employer.

Part 6--Administration

30 Commissioner responsible for general administration of Act

Subject to any directions of the Treasurer, the Commissioner has

the general administration of this Act.

Administration Part 6

Bad risk cross-subsidisation scheme Division 3

Section 31

Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 15

31 Powers of the Commissioner

For the purpose of undertaking the general administration of this

Act, the Commissioner has power to do all things that are

necessary or convenient to be done in connection with the

administration of the Act and, without limiting the generality of

that power, has power:

(a) to promote the development of facilities for handling

inquiries in relation to employee entitlements protection

insurance; and

(b) to monitor complaints in relation to employee entitlements

protection insurance; and

responsibility to deal with inquiries, complaints and disputes

concerning the protection of employees; and

(d) to review information and returns given by insurers under

this Act; and

(e) to monitor legal judgments, industry trends and the

development of community expectations that are, or are

likely to be, of relevance to the efficient operation of this

Act; and

(f) to promote the education of employers, employees and the

insurance industry as to the objectives and requirements of

this Act.

32 Supervisory powers--Commissioner may obtain information and

material

(1) The Commissioner may, for a purpose connected with the

administration or enforcement of this Act, by notice in writing,

require an employer or insurer, within 30 days of receipt of the

notice, or such longer period as is specified in the notice:

(a) to give the Commissioner written answers to questions stated

in the notice; or

(b) to give the Commissioner copies of documents specified in

the notice.

Part 6 Administration

Division 3 Bad risk cross-subsidisation scheme

Section 33

16 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005

(2) The answers to questions must, if the notice so requires, be verified

by statutory declaration.

(3) A person to whom a notice is given under subsection (1) must not

fail, without reasonable excuse, to comply with the requirements of

the notice.

Penalty: 150 penalty units.

(4) It is a reasonable excuse for a person to refuse or fail to comply

with the requirements of a notice under subsection (1) if to do so

would tend to incriminate the person.

33 Secrecy

(1) The object of this section is to create duties of non-disclosure for

the purposes of section 70 of the Crimes Act 1914.

(2) Subject to subsections (3), (4) and (6), a person who is or has been:

(a) the Commissioner; or

(b) a member of the staff assisting the Commissioner;

must not, either directly or indirectly, communicate to any

person any information concerning the affairs of any other

person if the information has been acquired by him or her:

the purposes of this Act; or

(d) in the performance or purported performance of duties under

or for the purposes of this Act.

(3) Subsection (2) does not apply to a person who communicates the

information in the performance of a duty in connection with this

Act.

(4) Subsection (2) does not prevent the communication of information

or the production of a document by the Commissioner or by a

member of the staff assisting the Commissioner authorised by the

Commissioner:

(a) to the Minister; or

(b) to a court for the purposes of this Act; or

Administration Part 6

Bad risk cross-subsidisation scheme Division 3

Section 33

Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 17

public interest that the information be communicated or the

document produced.

(5) A person who is or has been:

(a) the Commissioner; or

(b) a member of the staff assisting the Commissioner;

is not required:

(d) to produce in court any document;

acquired by him or her, in the exercise or the purported exercise of

powers, or the performance or purported performance of duties, for

the purposes of this Act, except when it is necessary to do so for

the purposes of this Act.

(6) Subsection (2) does not prevent the communication of information

or the production of a document by the Commissioner, or by a

member of the staff assisting the Commissioner authorised by the

Commissioner to:

(a) an Agency Head (within the meaning of the Public Service

Act 1997); or

(b) an APS employee in the Agency who is approved, in writing,

by the Agency Head;

for the purpose of advising the Minister administering that

Agency in connection with a submission:

Agency to the Minister administering this Act; and

(d) relating to the administration of this Act.

(7) If information is communicated under subsection (6) to an Agency

Head (within the meaning of the Public Service Act 1997) or an

APS employee, the APS Head or the APS employee must not,

either directly or indirectly, except for the purpose mentioned in

subsection (6), divulge or communicate that information to any

person.

Part 7 Miscellaneous

Division 3 Bad risk cross-subsidisation scheme

Section 34

18 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005

34 Delegation

The Commissioner may by writing signed by the Commissioner

delegate to a person:

(a) who is a member of the staff appointed to assist the

Commissioner in the performance of the Commissioner's

functions; and

(b) who is an SES employee or acting SES employee;

any of the Commissioner's powers under this Act or the

regulations.

35 Annual report

(1) The Commissioner must, within 3 months after the end of each

financial year, give to the Treasurer a report on the working of this

Act during that year for presentation to the Parliament.

(2) The report must include copies of audited accounts relating to--

(a) the Commissioner's income and expenditure as nominal

defendant for the relevant year; and

(b) contributions received from, and payments made to,

approved insurers under the bad risk cross subsidisation

scheme for the relevant year.

Part 7--Miscellaneous

36 Returns

(1) An approved insurer must provide the Commissioner with periodic

returns as required under the regulations.

(2) The returns must set out:

(a) the gross premium income received by the insurer for

policies of employee entitlements protection insurance

received by the insurer in the period to which the return

relates; and

Miscellaneous Part 7

Bad risk cross-subsidisation scheme Division 3

Section 37

Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 19

(b) the number of policies of employee entitlements protection

insurance issued by the insurer in the period to which the

return relates; and

(3) An approved insurer must not:

(a) fail, without reasonable excuse, to provide a return as

required under this section; or

(b) include in the return information that is false or misleading in

a material particular.

Penalty: 150 penalty units.

37 False or misleading information in claims

A person is guilty of an offence if:

(a) the person makes a claim against an approved insurer or the

nominal insurer under this Act; and

(b) the claim contains information that is false or misleading in a

material particular.

Penalty: 30 penalty units.

38 Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this

Act.

39 Regulations

The Governor-General may make regulations, not inconsistent with

this Act, prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

______________

Commonwealth of Australia Bills

EMPLOYEE PROTECTION (EMPLOYEE ENTITLEMENTS GUARANTEE) BILL 2005