When a company goes into voluntary administration, employees do not automatically lose their jobs. The administrator takes control and decides whether the business keeps trading. Staff who keep working are paid for work done after the appointment as an expense of the administration. Entitlements owed from before the appointment, such as unpaid wages, leave and redundancy, are generally not paid during the administration. What happens to them depends on whether the company is handed back, enters a deed of company arrangement, or is liquidated.
| If the administration ends with… | What it means for employee entitlements |
|---|---|
| The company returned to the directors | The directors must make sure the company pays entitlements as they fall due |
| A deed of company arrangement | The deed must give employees the same priority they would have in a liquidation, unless eligible employees agree otherwise by a majority in number and value |
| Liquidation | Employee entitlements are paid ahead of ordinary unsecured creditors, in the priority order set by law. The Fair Entitlements Guarantee may then be available |
In a liquidation, and in a deed of company arrangement unless employees agree otherwise, employee entitlements are paid after the costs of the administration, and in this order:
Each class is paid in full before the next. If there is not enough to pay a class in full, it is paid proportionately and later classes receive nothing.
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The Fair Entitlements Guarantee (FEG) is a government safety net for employees who lose their job when their employer goes into liquidation or bankruptcy. It is not available while a company is in voluntary administration or under a deed of company arrangement. It only becomes available if the company is liquidated.
| FEG covers | Limit |
|---|---|
| Unpaid wages | Up to 13 weeks |
| Annual leave | Covered |
| Long service leave | Covered |
| Payment in lieu of notice | Up to 5 weeks |
| Redundancy pay | Up to 4 weeks for each full year of service |
| Unpaid superannuation | Not covered. Report it to the ATO |
Other eligibility rules and caps apply, and FEG has strict cut-off times for claims. Check the Department of Employment and Workplace Relations’ FEG page for current details.
Unpaid super guarantee charge is covered by the director penalty regime, so directors can become personally liable for it. Appointing an administrator within 21 days of a non-lockdown director penalty notice remits the penalty. See voluntary administration and DPNs and super guarantee DPNs.
For the wider process, see our voluntary administration guide and what happens after voluntary administration.
Not automatically. The appointment of an administrator does not terminate employment. The administrator takes control of the company and decides whether the business keeps trading and which staff it needs.
If the business keeps trading and you keep working, the administrator must pay you for work done after the appointment. Those payments are an expense of the administration.
They are generally not paid during the administration. Whether and how they are paid depends on the outcome: the directors must pay them if the company is handed back; a deed of company arrangement must give them the same priority as in a liquidation unless eligible employees agree otherwise; and in a liquidation they rank ahead of ordinary unsecured creditors.
No. Employees are not eligible for the Fair Entitlements Guarantee while the company is in voluntary administration or under a deed of company arrangement. It only becomes available if the company goes into liquidation.
Unpaid superannuation is not covered by the Fair Entitlements Guarantee. Employees can report unpaid super to the ATO.
Yes. Employees who are owed wages, super, leave or other entitlements are creditors. They can lodge a claim with the administrator and vote at creditors’ meetings.
Sources: Corporations Act 2001 (Cth) Part 5.3A and section 556; ASIC, Voluntary administration: A guide for employees (INFO 75); Department of Employment and Workplace Relations, Fair Entitlements Guarantee. This page is general information, not advice about your circumstances. Last reviewed: 16 October 2026.
Written by Luke D’Costa, Senior Manager – Debt Strategist. Luke has more than 16 years’ experience in insolvency and holds ARITA’s Advanced Certificate in Insolvency.
Reviewed by John Chand, Principal and Registered Liquidator. John has more than 17 years’ insolvency experience. Meet the team.