Document ID: chunk:federal_register_of_legislation:C2024A00085:section:57:p1
Version: federal_register_of_legislation:C2024A00085
Segment Type: section
Provision Reference: s 57 (pt 1/3)
Character Range: 63089–65988

57  Fair Work Commission to make community of interest determination

Opportunity to be heard
 (1) The Fair Work Commission must ensure that the following have an adequate opportunity to be heard in relation to an application under section 56:
 (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) each employer named in the application;
 (d) each employee organisation that is entitled to represent the industrial interests of one or more of the transition employees of an employer named in the application;
 (e) if such an employee organisation nominates one or more other employers as potential closing employers or dependent employers—each such employer;
 (f) each employer organisation that is entitled to represent the industrial interests of an employer covered by paragraph (c) or (e);
 (g) a transition employee of an employer covered by paragraph (c) or (e) if the transition employee has notified the Commission in writing that the transition employee wishes to be heard in relation to the application.

Community of interest determination
 (2) The Fair Work Commission must make a written determination (a community of interest determination):
 (a) if the Commission is satisfied:
 (i) that one or more employers specified under paragraph 56(3)(a) or nominated under paragraph (1)(e) of this section are closing employers; and
 (ii) that it is reasonable in the circumstances to specify one or more of those employers in the determination;
  specifying one or more of those employers in the determination as closing employers; and
 (b) if the Commission is satisfied:
 (i) that one or more employers specified under paragraph 56(3)(b) or nominated under paragraph (1)(e) of this section are dependent employers; and
 (ii) that it is reasonable in the circumstances to specify one or more of those employers in the determination;
  specifying one or more of those employers in the determination as dependent employers.

Matters to which the Fair Work Commission must have regard
 (3) In considering whether to specify an employer under paragraph (2)(a) or (b), the Fair Work Commission must have regard to the following:
 (a) the object of this Act;
 (b) the existing supports that are available to facilitate transition employees of the employer to find other employment, including supports provided under relevant enterprise agreements or other industrial instruments;
 (c) the number of transition employees of the employer;
 (d) an estimate of the number of those transition employees who are, or who will become, 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