61Fair Work Commission determination about section 59—no agreement between employer and employee organisations

61  Fair Work Commission determination about section 59—no agreement between employer and employee organisations

Application to Fair Work Commission

 (a) both of the following:

 (i) a closing employer or dependent employer specified in a community of interest determination that is in force;

 (ii) one or more of the employee organisations that are entitled to represent the industrial interests of one or more of the transition employees of the closing employer or dependent employer;

  do not agree on the actions to be taken by the employer in relation to the operation of section 59; and

 (b) those organisations and the employer have been attempting to reach agreement for a period of at least 3 months;

then any of those organisations, or the employer, may apply, in writing, to the Fair Work Commission for a determination under this section.

 (2) The application must specify:

 (a) the actions the applicant considers the closing employer or dependent employer should take in relation to the operation of section 59; and

 (b) the period covered by paragraph (1)(b); and

 (c) a procedure for settling disputes about any matters that arise under any determination made under this section in response to the application.

 (3) Division 3 of Part 5‑1 of the Fair Work Act 2009 applies in relation to an application under this section in a corresponding way to the way in which it applies in relation to an application under that Act.

Note: Subsection (3) has the effect, for example, that an application under this section could be dismissed under section 587 of that Act.

 (4) The Fair Work Commission must ensure that the following have an adequate opportunity to be heard in relation to an application under subsection (1):

 (a) the Energy Industry Worker Redeployment Advisory Group;

 (b) the closing employer or dependent employer;

 (c) each employee organisation that is entitled to represent the industrial interests of one or more of the transition employees of the closing employer or dependent employer;

 (d) each employer organisation that is entitled to represent the industrial interests of the closing employer or dependent employer;

 (e) a transition employee of the closing employer or dependent employer if the transition employee has notified the Commission in writing that the transition employee wishes to be heard in relation to the application.

Making of determination

 (5) The Fair Work Commission may, in writing, make a determination that:

 (a) specifies the community of interest determination; and