55CEO to undertake community of interest process after giving of trigger notice

55  CEO to undertake community of interest process after giving of trigger notice

 (1) For the purpose of being able to make an application under section 56, the CEO must, if a trigger situation exists, undertake a process (a community of interest process) of:

 (a) identifying employers as closing employers; and

 (b) identifying employers as dependent employers; and

 (c) seeking expressions of interest from employers that are constitutional corporations in being employers that may be able to offer employment to transition employees of a closing employer or dependent employer; and

 (d) identifying the number of transition employees of the closing employers or dependent employers and the kind of jobs performed by those employees and obtaining details relating to the employment of those employees; and

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

 (2) A trigger situation exists if:

 (a) the CEO becomes aware of the giving of a kind of notice covered by paragraph (a) of the definition of trigger notice in section 5; or

 (b) the CEO, under subsection 9(2), specifies a particular notice for the purposes of paragraph (b) of the definition of trigger notice in section 5.

Note: A trigger notice is a notice in relation to the closure of the whole, or a part, of a coal‑fired power station or a gas‑fired power station.

Consultation

 (3) As part of the community of interest process, the CEO must seek information from employers mentioned in paragraph (1)(c) about the number, nature and location of jobs, and skills required for the jobs, that those employers may be able to offer to transition employees of the closing employers or dependent employers.

 (4) As part of the community of interest process, the CEO must consult each employee organisation that is entitled to represent the industrial interests of one or more of the transition employees referred to in paragraph (1)(d).

 (5) As part of the community of interest process, the CEO must consult:

 (a) employers covered by paragraph (1)(a); and

 (b) employers covered by paragraph (1)(b); and

 (c) each employer organisation that is entitled to represent the industrial interests of an employer covered by paragraph (1)(a) or (b).

 (6) As part of the community of interest process, the CEO must undertake such community consultation as the CEO considers appropriate.

 (7) Subsections (3) to (6) do not limit subsection (1).