Net Zero Economy Authority Act 2024

A person covered by subsection (2) may apply, in writing, to the Fair Work Commission for an order by the Commission under this section in relation to the actions to be taken under section 58 or 59 by a closing employer or dependent employer specified in a community of interest determination that is in force.

The following persons are covered by this subsection:

the CEO;

a person that is an 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;

a transition employee of the closing employer or dependent employer.

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 CEO or an SES employee or acting SES employee of the Authority nominated by the CEO;

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 make an order setting out the actions to be taken by the closing employer or dependent employer under section 58 or 59 if the Commission is satisfied that it is reasonable and fair in the circumstances to make the order.

In considering whether to make an order, 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 58 or 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.

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

An employer contravenes this subsection if:

the employer is subject to an order under subsection (5); and

the employer breaches the order.

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 an order, and to an order 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 an order under this section; and

publication requirements under section 601 of that Act apply to an order made under this section; and

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

under section 604 of that Act, a person may appeal an order 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).

Without limiting section 603 of the Fair Work Act 2009, to the extent that it applies in relation to an order under subsection (5) of this section, the CEO is taken to be a person covered by subparagraph 603(2)(b)(i) of that Act.

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.