54Simplified outline of this Part

54  Simplified outline of this Part

A notice given in relation to the closure of the whole, or a part, of a coal‑fired power station or a gas‑fired power station triggers the operation of this Part.

For the purposes of being able to make an application to the Fair Work Commission, the CEO must undertake a community of interest process to identify:

 (a) closing employers, dependent employers and receiving employers; and

 (b) the number of transition employees of the closing employers or dependent employers and the kind of jobs performed by those employees; and

 (c) an estimate of the number of those transition employees who are, or who will become, participating employees of the closing employers or dependent employers.

If the CEO makes an application to the Fair Work Commission, the Commission must make a community of interest determination that specifies closing employers and dependent employers.

A closing employer or dependent employer specified in the determination is subject to obligations of a certain kind that are connected with facilitating transition employees of the employer to find other employment.

If:

 (a) employee organisations and a closing employer or dependent employer jointly agree on the specific actions to be taken by the employer and they make a joint application to the Fair Work Commission; or

 (b) employee organisations and a closing employer or dependent employer cannot agree on the specific actions to be taken by the employer and any of those organisations or the employer makes an application to the Fair Work Commission;

the Commission may make a determination setting out the specific actions to be taken by the employer.

The Energy Industry Worker Redeployment Advisory Group is established, which has a right to be heard in relation to various applications made to the Fair Work Commission.

Various persons may apply to the Fair Work Commission for an order by the Commission in relation to the actions to be taken by a closing employer or dependent employer.

There are certain civil penalty provisions that apply to a closing employer or dependent employer. If an employer contravenes a civil penalty provision, a court may order the payment of a civil penalty under the Regulatory Powers Act and may order the awarding of compensation for loss that a person has suffered because of the contravention.

A court can grant an injunction restraining a person from contravening a provision of this Part or requiring a person to comply with a provision of this Part.

Division 2—Community of interest process and community of interest determinations