6Closing employers, dependent employers and receiving employers

6  Closing employers, dependent employers and receiving employers

Closing employer

 (1) An employer is a closing employer if the employer:

 (b) owns (whether alone or jointly) or operates (whether alone or jointly) one or more parts of a coal‑fired power station, or a gas‑fired power station, that is the subject of a trigger notice that has been given;

whether or not the employer employs employees to perform work at the power station.

 (2) An employer is also a closing employer if:

 (a) the employer is a constitutional corporation; and

 (b) the employer is an associated entity of another constitutional corporation that owns (whether alone or jointly) or operates (whether alone or jointly) one or more parts of:

 (i) a coal‑fired power station that is the subject of a trigger notice that has been given; or

 (ii) a gas‑fired power station that is the subject of a trigger notice that has been given; and

 (c) either or both of the following apply:

 (i) the employer employs employees to perform work at the coal‑fired power station or gas‑fired power station;

 (ii) if subparagraph (b)(i) applies and the employer operates (whether alone or jointly) a coal mine where the coal is being, or is to be, supplied for use in generating electricity at the coal‑fired power station—the employer employs employees to perform work at the coal mine.

Dependent employer

 (3) An employer is a dependent employer if the employer (the relevant employer):

 (b) has a commercial relationship with:

 (i) a closing employer within the meaning of subsection (1); or

 (ii) a closing employer within the meaning of subsection (2) where the closing employer employs employees to perform work at the power station concerned; and

 (c) will, or will be likely to, cease a substantial part of the business operations carried on by the relevant employer at the power station concerned, or in the same geographic area in which the power station concerned is located, as a direct result of the eventual closure of that power station.

 (4) An employer is also a dependent employer if:

 (a) the employer (the relevant employer) is a constitutional corporation; and

 (b) the relevant employer:

 (i) has a commercial relationship with another constitutional corporation that operates (whether alone or jointly) a coal mine; or

 (ii) has a commercial relationship with an associated entity of another constitutional corporation, where the other constitutional corporation operates (whether alone or jointly) a coal mine; or