62Fair Work Commission order about a community of interest determination

62  Fair Work Commission order about a community of interest determination

Application for order

 (1) A person covered by subsection (2) may apply, in writing, to the Fair Work Commission for an order by the Commission under this section in relation to the actions to be taken under section 58 or 59 by a closing employer or dependent employer specified in a community of interest determination that is in force.

 (2) The following persons are covered by this subsection:

 (a) the CEO;

 (b) a person that is an 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;

 (c) a transition employee of the closing employer or dependent employer.

 (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 CEO or an SES employee or acting SES employee of the Authority nominated by the CEO;

 (b) the Energy Industry Worker Redeployment Advisory Group;

 (c) the closing employer or dependent employer;

 (d) 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;

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

 (f) 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 order

 (5) The Fair Work Commission may make an order setting out the actions to be taken by the closing employer or dependent employer under section 58 or 59 if the Commission is satisfied that it is reasonable and fair in the circumstances to make the order.

 (6) In considering whether to make an order, the Fair Work Commission must have regard to:

 (a) the object of this Act; and

 (b) the following conduct, including conduct to comply with obligations under relevant enterprise agreements or other industrial instruments, to the extent that the conduct relates to the matters covered by section 58 or 59: