59Other obligations of closing employers and dependent employers

59  Other obligations of closing employers and dependent employers

 (1) Subject to sections 60 and 61, a closing employer or dependent employer specified in a community of interest determination that is in force must take the actions set out in this section except to the extent that taking those actions would be unreasonable, having regard to the following:

 (a) the operational requirements of the closing employer or dependent employer;

 (b) the need for transition employees of the closing employer or dependent employer to be provided with supports to facilitate those employees to find other employment;

 (c) relevant enterprise agreements or other industrial instruments, including supports provided under those agreements or instruments.

 (2) This section does not apply to a closing employer or dependent employer at a time when there are no transition employees of the employer.

Transition employees—career planning advice or financial advice

 (3) An action is, on request of transition employees of the closing employer or dependent employer:

 (a) arranging (at the employer’s cost) for those employees to be provided with career planning advice and financial advice; or

 (b) allowing those employees time off work, or access to flexible working arrangements, to receive career planning advice or financial advice arranged by those employees;

in connection with their current employment and possible future employment.

 (4) An action is making a financial contribution towards the costs of the advice referred to in paragraph (3)(b).

Transition employees—engagement with employee organisations

 (5) An action is permitting transition employees of the closing employer or dependent employer to receive advice and support, in relation to the operation of this Part, from any employee organisation that is entitled to represent the industrial interests of those transition employees.

Participating employees—training

 (6) An action is, on request of participating employees of the closing employer or dependent employer, allowing those employees time off work, or access to flexible working arrangements, to undertake training to assist those employees to find other employment.

 (7) An action is making a financial contribution towards the costs of the training referred to in subsection (6).

Participating employees—engagement with receiving employers

 (8) An action is engaging with receiving employers in connection with facilitating participating employees of the closing employer or dependent employer to obtain employment with receiving employers, including when a receiving employer has made an offer of employment to one or more of those participating employees.