Document ID: chunk:federal_register_of_legislation:C2024A00085:section:61:p2
Version: federal_register_of_legislation:C2024A00085
Segment Type: section
Provision Reference: s 61 (pt 2/3)
Character Range: 83470–86179

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.

Matters to which the Fair Work Commission must have regard
 (6) In considering whether to make a determination, 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 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 determination comes into force
 (8) A determination under subsection (5) 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
 (9) An employer contravenes this subsection if:
 (a) the employer is subject to a determination under subsection (5); and
 (b) the employer breaches the determination.
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 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 (10) 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 under made 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.
 (11) Subsection (4) does not limit section 590 of