Document ID: chunk:federal_register_of_legislation:C2024A00085:section:57:p2
Version: federal_register_of_legislation:C2024A00085
Segment Type: section
Provision Reference: s 57 (pt 2/3)
Character Range: 65724–68356

participating employees of the employer;
 (e) the capacity of the employer to redeploy those transition employees in other business operations of the employer or in business operations of associated entities of the employer;
 (f) the capacity of other employers in the same geographic area in which the power station concerned is located to offer employment to those transition employees.
 (4) Subsection (3) does not limit the matters to which the Fair Work Commission may have regard.
 (5) For the purposes of making a determination under subsection (2), the Fair Work Commission must have regard to the following:
 (a) information contained in the application under section 56;
 (b) information obtained in accordance with subsection (1) of this section.

When determination comes into force
 (6) A determination under subsection (2):
 (a) comes into force on the day it is made; and
 (b) must be expressed to remain in force until the end of the period of 6 months beginning on the day of the closure of the whole, or a part, of the power station concerned (as the case requires).

CEO to notify employers
 (7) As soon as practicable after a determination under subsection (2) is made, the CEO must inform each employer specified in the determination of the following:
 (a) the making of the determination;
 (b) the fact the employer is so specified.

Application of Fair Work Act 2009
 (8) Subject to this section, section 578 and Division 3 of Part 5‑1 of the Fair Work Act 2009 apply in relation to the making of a determination, and to a determination made, under this section in a corresponding way to the way in which they apply in relation to the making of a decision, and to a decision made, under that Act.
Note: Subsection (8) has the effect, for example, that:
(a) the matters under section 578 of that Act must be taken into account in making a determination under this section; and
(b) publication requirements under section 601 of that Act apply to a determination made under this section; and
(c) under section 603 of that Act, the Fair Work Commission may vary or revoke a determination made under this section; and
(d) under section 604 of that Act, a person may appeal a determination made under this section.
 (9) Subsections (1) and (5) do not limit section 590 of the Fair Work Act 2009 (about powers of the Fair Work Commission to inform itself).
 (10) Without limiting section 603 of the Fair Work Act 2009, to the extent that it applies in relation to a determination under subsection (2) of this section, the CEO is taken to be a person covered by subparagraph 603(2)(b)(i) of that Act.
 (11) Subsection