56CEO may apply to Fair Work Commission for a community of interest determination

56  CEO may apply to Fair Work Commission for a community of interest determination

 (1) After completing the community of interest process, the CEO may apply, in writing, to the Fair Work Commission for a determination by the Commission under section 57.

Timing of application

 (2) The CEO must make any application:

 (a) if the trigger notice is given at least 42 months before the scheduled closure of the whole, or a part, of the coal‑fired power station or gas‑fired power station concerned—at least 2 years before that scheduled closure; or

 (b) otherwise—as soon as practicable after completing the community of interest process.

Contents of application

 (3) The CEO must specify in the application:

 (a) in relation to each closing employer identified by the CEO—the name of that employer if the CEO is satisfied that it is reasonable in the circumstances to do so; and

 (b) in relation to each dependent employer identified by the CEO—the name of that employer if the CEO is satisfied that it is reasonable in the circumstances to do so; and

 (c) for each closing employer or dependent employer specified under paragraph (a) or (b)—details of the total number of transition employees of the employer and the total number of each kind of job of those employees; and

 (d) for each closing employer or dependent employer specified under paragraph (a) or (b)—the estimate of the number of those transition employees who are, or who will become, participating employees of the employer; and

 (e) details of the community of interest process undertaken by the CEO; and

 (f) details of the basis on which the CEO specified a closing employer under paragraph (a) or a dependent employer under paragraph (b).

Matters to which the CEO must have regard

 (4) In considering whether to make an application under subsection (1) or to specify an employer under paragraph (3)(a) or (b), the CEO must have regard to the following:

 (a) the object of this Act;

 (b) the existing supports that are available to facilitate transition employees of closing employers or dependent employers to find other employment, including supports provided under relevant enterprise agreements or other industrial instruments;

 (c) the number of transition employees of those employers;

 (d) the estimate of the number of those transition employees who are, or who will become, participating employees of those employers;

 (e) the capacity of those employers to redeploy those transition employees in other business operations of those employers or in business operations of associated entities of those employers;