Net Zero Economy Authority Bill (2024) ACTU Submission

The passage of the Bill and the establishment of the NZEA will give the Australian government the tools it needs to help guide a positive transition for all Australians. [...] To achieve this, the plan details: Community of interest process and determinations: The Bill defines a community of interest process, which is the starting point for the implementation of the Plan in the context of a coal- fired or gas-fired power station closure.9 Under the Bill, the NZEA CEO must undertake this process to identify: • Closing employers, dependent employers, and receiving employe. [...] After completion of the process, the CEO can make an application to the Fair Work Commission (FWC) for a Community of Interest Determination which would outline the employers and employees covered.10 The Bill requires the CEO to make an application at least two years ahead of the scheduled closure of the coal-fired or gas-fired power station. [...] After ensuring relevant employers and employees have an opportunity to be heard with regard to the application, the FWC must make a written determination which comes into force on the day it is made and remains in force until six months after the closure of the whole, or a part, of the power station in question.11 Closing and Dependent Employer Obligations: The Bill specifies the obligations that. [...] Again, such limited powers are unlike the powers given to the Court with respect to an application under the Fair Work Act and would limit the Court’s ability to effective resolve a matter; • Penalties can only be paid to the Commonwealth rather than to the applicant to help defray the legal costs in bringing the application.