Net Zero Economy Authority Act 2024

Subject to sections 60 and 61, a closing employer or dependent employer specified in a community of interest determination that is in force must take the actions set out in this section except to the extent that taking those actions would be unreasonable, having regard to the following:

the operational requirements of the closing employer or dependent employer;

the need for transition employees of the closing employer or dependent employer to be provided with supports to facilitate those employees to find other employment;

relevant enterprise agreements or other industrial instruments, including supports provided under those agreements or instruments.

This section does not apply to a closing employer or dependent employer at a time when there are no transition employees of the employer.

An action is, on request of transition employees of the closing employer or dependent employer:

arranging (at the employer’s cost) for those employees to be provided with career planning advice and financial advice; or

allowing those employees time off work, or access to flexible working arrangements, to receive career planning advice or financial advice arranged by those employees;

An action is making a financial contribution towards the costs of the advice referred to in paragraph (3)(b).

An action is permitting transition employees of the closing employer or dependent employer to receive advice and support, in relation to the operation of this Part, from any employee organisation that is entitled to represent the industrial interests of those transition employees.

An action is, on request of participating employees of the closing employer or dependent employer, allowing those employees time off work, or access to flexible working arrangements, to undertake training to assist those employees to find other employment.

An action is making a financial contribution towards the costs of the training referred to in subsection (6).

An action is engaging with receiving employers in connection with facilitating participating employees of the closing employer or dependent employer to obtain employment with receiving employers, including when a receiving employer has made an offer of employment to one or more of those participating employees.

An action is, on request of participating employees of the closing employer or dependent employer, allowing those employees time off work, or access to flexible working arrangements, to attend activities relating to the recruitment of those participating employees.

In any request of a transition employee of a closing employer or dependent employer for time off work, or access to flexible working arrangements, to receive career planning advice or financial advice arranged by the employee, the employee must give the employer reasonable notice of wanting that time off work or that access to flexible working arrangements.

In any request of a participating employee of a closing employer or dependent employer for time off work, or access to flexible working arrangements, to:

undertake training to assist the employee to find other employment; or

attend activities relating to the recruitment of the employee;

If a closing employer or dependent employer has allowed a transition employee of the employer time off work, or access to flexible working arrangements, to receive career planning advice or financial advice arranged by the employee, the employee must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the employee used the time off work or flexible working arrangements to receive that advice.

Before a closing employer or dependent employer makes a financial contribution towards the costs of career planning advice or financial advice arranged by a transition employee of the employer, the employee must, if required by the employer, give the employer evidence that would satisfy a reasonable person of the total cost of the advice.

If a closing employer or dependent employer has allowed a participating employee of the employer time off work, or access to flexible working arrangements, to:

undertake training to assist the employee to find other employment; or

attend activities relating to the recruitment of the employee;

Before a closing employer or dependent employer makes a financial contribution towards the costs of training to assist a participating employee of the employer to find other employment, the employee must, if required by the employer, give the employer evidence that would satisfy a reasonable person of the total cost of the training.

Any time that a transition employee of a closing employer or dependent employer is given off work to receive the advice referred to in subsection (3) must be with the pay that the employee would otherwise be entitled to receive for performing the employee’s normal duties during that period.

Any time that a participating employee of a closing employer or dependent employer is given off work to undertake the training referred to in subsection (6), or to attend the activities referred to in subsection (9), must be with the pay that the employee would otherwise be entitled to receive for performing the employee’s normal duties during that period.