Document ID: chunk:federal_register_of_legislation:C2024A00085:section:60:p1
Version: federal_register_of_legislation:C2024A00085
Segment Type: section
Provision Reference: s 60 (pt 1/2)
Character Range: 76448–79320

60  Fair Work Commission determination about section 59—agreement between employer and employee organisations

Application to Fair Work Commission
 (1) If:
 (a) a closing employer or dependent employer specified in a community of interest determination that is in force; and
 (b) 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;
agree on the actions to be taken by the employer in relation to the operation of section 59, then each such organisation and the employer may jointly apply, in writing, to the Fair Work Commission for a determination under this section.
 (2) The application must:
 (a) specify those actions; and
 (b) specify 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.

Opportunity to be heard
 (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
 (b) specifies the actions to be taken by the closing employer or dependent employer in relation to the operation of section 59; and
 (c) requires the closing employer or dependent employer to take those actions; and
 (d) includes a term that provides a procedure for settling disputes about any matters arising under the determination.
Note: See section 61A for the dealing with disputes.

When determination comes into force
 (6) The determination comes into force on the day specified in the determination (which must not be earlier than the day on which the determination is made).

Breach of determination
 (7) An employer contravenes this subsection if:
 (a) the employer is subject to a determination under subsection (5); and
 (b) the employer breaches the determination.