Document ID: chunk:federal_register_of_legislation:C2024A00085:section:62:p2
Version: federal_register_of_legislation:C2024A00085
Segment Type: section
Provision Reference: s 62 (pt 2/3)
Character Range: 90930–93510

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:
 (i) conduct engaged in by the closing employer or dependent employer on or after the day the community of interest determination came into force;
 (ii) conduct engaged in by the closing employer or dependent employer before the day that determination came into force;
 (iii) a pattern of conduct engaged in by the closing employer or dependent employer that started before the day that determination came into force and that continued after that day.
 (7) Subsection (6) does not limit the matters to which the Fair Work Commission may have regard.

When order comes into force
 (8) An order under subsection (5) comes into force on the day specified in the order (which must not be earlier than the day on which the order is made).

Breach of order
 (9) An employer contravenes this subsection if:
 (a) the employer is subject to an order under subsection (5); and
 (b) the employer breaches the order.
Civil penalty: 600 penalty units.

Application of Fair Work Act 2009
 (10) 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 an order, and to an order 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 (10) has the effect, for example, that:
(a) the matters under section 578 of that Act must be taken into account in making an order under this section; and
(b) publication requirements under section 601 of that Act apply to an order made under this section; and
(c) under section 603 of that Act, the Fair Work Commission may vary or revoke an order made under this section; and
(d) under section 604 of that Act, a person may appeal an order made under this section.
 (11) Subsection (4) does not limit section 590 of the Fair Work Act 2009 (about powers of the Fair Work Commission to inform itself).
 (12) Without limiting section 603 of the Fair Work Act 2009, to the extent that it applies in relation to an order under subsection (5) of this section, the CEO is taken to be a person covered by subparagraph 603(2)(b)(i) of that Act.
 (13) Subsection (10) does not, by implication, limit the application of any provision of the Fair Work Act 2009, not referred to in that subsection, in relation to this Part.

Division 4—Energy Industry