Net Zero Economy Authority Act 2024

If:

both of the following:

a closing employer or dependent employer specified in a community of interest determination that is in force;

one or more of the employee organisations that are entitled to represent the industrial interests of one or more of the transition employees of the closing employer or dependent employer;

those organisations and the employer have been attempting to reach agreement for a period of at least 3 months;

The application must specify:

the actions the applicant considers the closing employer or dependent employer should take in relation to the operation of section 59; and

the period covered by paragraph (1)(b); and

a procedure for settling disputes about any matters that arise under any determination made under this section in response to the application.

Division 3 of Part 5‑1 of the Fair Work Act 2009 applies in relation to an application under this section in a corresponding way to the way in which it applies in relation to an application under that Act.

Subsection (3) has the effect, for example, that an application under this section could be dismissed under section 587 of that Act.

The Fair Work Commission must ensure that the following have an adequate opportunity to be heard in relation to an application under subsection (1):

the Energy Industry Worker Redeployment Advisory Group;

the closing employer or dependent employer;

each employee organisation that is entitled to represent the industrial interests of one or more of the transition employees of the closing employer or dependent employer;

each employer organisation that is entitled to represent the industrial interests of the closing employer or dependent employer;

a transition employee of the closing employer or dependent employer if the transition employee has notified the Commission in writing that the transition employee wishes to be heard in relation to the application.

The Fair Work Commission may, in writing, make a determination that:

specifies the community of interest determination; and

specifies the actions to be taken by the closing employer or dependent employer in relation to the operation of section 59; and

requires the closing employer or dependent employer to take those actions; and

includes a term that provides a procedure for settling disputes about any matters arising under the determination.

See section 61A for the dealing with disputes.

In considering whether to make a determination, the Fair Work Commission must have regard to:

the object of this Act; and

the following conduct, including conduct to comply with obligations under relevant enterprise agreements or other industrial instruments, to the extent that the conduct relates to the matters covered by section 59:

conduct engaged in by the closing employer or dependent employer on or after the day the community of interest determination came into force;

conduct engaged in by the closing employer or dependent employer before the day that determination came into force;

a pattern of conduct engaged in by the closing employer or dependent employer that started before the day that determination came into force and that continued after that day.

Subsection (6) does not limit the matters to which the Fair Work Commission may have regard.

A determination under subsection (5) comes into force on the day specified in the determination (which must not be earlier than the day on which the determination is made).

An employer contravenes this subsection if:

the employer is subject to a determination under subsection (5); and

the employer breaches the determination.

Subject to this section, section 578 and Division 3 of Part 5‑1 of the Fair Work Act 2009 apply in relation to the making of a determination, and to a determination made, under this section in a corresponding way to the way in which they apply in relation to the making of a decision, and to a decision made, under that Act.

Subsection (10) has the effect, for example, that:

the matters under section 578 of that Act must be taken into account in making a determination under this section; and

publication requirements under section 601 of that Act apply to a determination under made this section; and

under section 603 of that Act, the Fair Work Commission may vary or revoke a determination made under this section; and

under section 604 of that Act, a person may appeal a determination made under this section.

Subsection (4) does not limit section 590 of the Fair Work Act 2009 (about powers of the Fair Work Commission to inform itself).

Subsection (10) does not, by implication, limit the application of any provision of the Fair Work Act 2009, not referred to in that subsection, in relation to this Part.

Section 62, to the extent that it relates to section 59, does not apply to a closing employer or dependent employer in relation to a community of interest determination while a determination under subsection (5) of this section is in force in relation to the employer and the community of interest determination.