Steps for making a community of interest determination

Before the CEO can apply to us for a community of interest determination, they must start a ‘community of interest process’ to gather information about the planned closure and assess whether the workforce needs additional support to transition to new employment.

The CEO will:

• identify the closing employers and dependent employers
• identify the number of transition employees of those employers, the jobs they do and other details about their employment
• seek expressions of interest from potential receiving employers – they will also ask those employers for information about what jobs they can offer and the skills they need
• estimate how many of the transition employees are or will become ‘participating employees’ – these are employees who have given their employer an expression of interest in finding other employment.

The CEO must consult with the closing and dependent employers, relevant employee and employer organisations and the community as part of the community of interest process.

This process allows the CEO to make an informed decision about whether the Energy Industry Jobs Plan is needed before they apply to us. 

If the CEO has completed the community of interest process for a planned closure and they decide that the Energy Industry Jobs Plan is necessary, they can apply to us for a community of interest determination. The application will include details gathered during the community of interest process.

As soon as possible after making the application, the CEO must inform each closing employer and dependent employer specified in the application:

• that the application has been made
• that the employer is specified in the application.

We must make a community of interest determination if satisfied that one or more of the employers are closing employers or dependent employers and it is reasonable in the circumstances to specify those employers in the determination.

In considering whether to specify an employer in a community of interest determination we must look at certain matters, including:

• existing supports to help transition employees find other jobs, including under an enterprise agreement
• the number of transition employees the employer has
• how many of those transition employees might become participating employees
• whether the employer can redeploy the employees into its other operations (or an associated entity’s operations)
• whether other employers in the area can offer employment to transition employees.

We may also look at other relevant matters.

Before making a determination, we will give affected persons an opportunity to be heard in relation to the application. This includes:

• the CEO
• the Energy Industry Worker Redeployment Advisory Group
• relevant employers
• relevant employee and employer organisations
• any transition employee who tells us they want to be heard.

Employee organisations (unions) can also nominate potential closing or dependent employers to be specified in the determination.

We will provide more information about the process to affected communities when an application has been made.

If we make a community of interest determination and it is in force, closing employers and dependent employers specified in the determination have certain obligations under the Energy Industry Jobs Plan to support transition employees to find new employment.

Determinations about employer obligations

We can make determinations about what actions a closing employer or dependent employer needs to take to meet their obligations. An application can be made by:

• a closing employer or dependent employer, and/or
• an employee organisation (union) that can represent transition employees.

We may be able to resolve disputes about these determinations, if a party to the dispute asks us to.

Orders about community of interest determinations

We can also make orders about what actions a closing employer or dependent employer needs to take to meet their obligations. An application can be made by:

• the Net Zero Economy Authority
• an employee organisation (union) that can represent transition employees, and/or
• a transition employee.