Net Zero Economy Authority (Guidelines for Determining a Receiving Employer) Notifiable Instrument 2025
I, David Shankey, Chief Executive Officer of the Net Zero Economy Authority, make the following notifiable instrument.
Dated 18 February 2025
David Shankey
Chief Executive Officer of the Net Zero Economy Authority
Contents
1 Name...............................................1
2 Commencement.........................................1
3 Authority.............................................1
4 Definitions............................................1
5 Guidelines for determining a receiving employer......................1
1 Name
This instrument is the Net Zero Economy Authority (Guidelines for Determining a Receiving Employer) Notifiable Instrument 2025.
2 Commencement
This instrument commences the day after this instrument is registered.
3 Authority
This instrument is made under subsection 6(10) of the Net Zero Economy Authority Act 2024.
4 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
- receiving employer;
- participating employees;
- closing employer;
- dependent employer.
In this instrument:
Act means the Net Zero Economy Authority Act 2024.
Authority means the Net Zero Economy Authority.
CEO has the meaning described in Section 5 of the Act.
Energy Industry Jobs Plan is established by Part 5 of the Act.
5 Guidelines for determining a receiving employer
- For the purposes of subsection 6(10) of the Act, this instrument establishes the guidelines to which the CEO of the Authority must have regard when specifying receiving employers in a written determination made under subsection 6(6) of the Act.
- In deciding whether to specify an employer in a determination under subsection 6(6) of the Act, the CEO will give primary consideration to the ability of an employer to support the effective delivery of the Energy Industry Jobs Plan, including the intent that the Energy Industry Jobs Plan attracts sufficient receiving employers to offer a range of suitable employment options to participating employees.
- In deciding whether to specify an employer in a determination under subsection 6(6) of the Act, the CEO may also consider the following factors:
- The ability of the employer to provide ongoing employment to participating employees.
- The ability of the employer to provide employment in roles that are an appropriate match for the identified skills, competencies, and career aspirations of participating employees, including the employer’s ability to support any additional training needs of participating employees.
- The geographic proximity of the employer to closing employers or their dependent employers.
- The ability of the employer to provide a safe work environment, and whether it has work health and safety policies and practices that are compliant with the relevant Commonwealth and State legislation where the receiving employer is located.
- The employer’s record of meeting obligations under national fair work, anti-discrimination, and work health and safety legislation.
- The nature and extent of any corporate relationship between the receiving employer and a closing or dependent employer.
- The specific circumstances of the relevant power station closure, including prevailing regional labour market conditions.
Overview
The Net Zero Economy Authority (Guidelines for Determining a Receiving Employer) Notifiable Instrument 2025 was enacted to address a specific gap in the Net Zero Economy Authority Act 2024. The problem it seeks to address is the effective transition of employees from closing employers to receiving employers within the energy sector, ensuring a smooth and sustainable shift towards a net-zero economy. This notifiable instrument was made by David Shankey, the Chief Executive Officer of the Net Zero Economy Authority, under subsection 6(10) of the aforementioned Act. The primary policy objective outlined in the instrument is to establish clear guidelines for the CEO in determining which employers can be considered as suitable receiving employers. This involves considering the capacity of potential receiving employers to support the Energy Industry Jobs Plan and offer suitable employment options to participating employees. The instrument aims to facilitate a strategic and well-managed transition process that aligns with the broader goals of the Net Zero Economy Authority Act.
Scope and Application
The Net Zero Economy Authority (Guidelines for Determining a Receiving Employer) Notifiable Instrument 2025 applies to the Chief Executive Officer of the Net Zero Economy Authority in their capacity to specify receiving employers under subsection 6(6) of the Net Zero Economy Authority Act 2024. The instrument is designed to guide the CEO in making determinations about which employers can be designated as receiving employers for the purposes of the Energy Industry Jobs Plan, which is established under Part 5 of the Act. The instrument applies nationally, with its reach extending to any employer across Australia that may be considered for designation as a receiving employer. This includes employers from various industries, particularly those involved in the energy sector, who can offer employment options to participating employees transitioning from closing employers. The instrument does not specify any exclusions or exemptions, but rather provides a framework through which the CEO must operate in making determinations. Subordinate instruments or regulations may extend or further define the application of these guidelines, though the primary focus remains on ensuring that receiving employers can effectively support the Energy Industry Jobs Plan.
Key Provisions
The Net Zero Economy Authority (Guidelines for Determining a Receiving Employer) Notifiable Instrument 2025 outlines the guidelines the Chief Executive Officer (CEO) of the Authority must consider when specifying receiving employers in a written determination under subsection 6(6) of the Net Zero Economy Authority Act 2024. The primary consideration is the ability of an employer to support the effective delivery of the Energy Industry Jobs Plan, ensuring that the plan attracts enough receiving employers to provide suitable employment options to participating employees (sections 1 and 5). The CEO may also take into account the employer's capacity to provide ongoing employment, match participating employees' skills and career aspirations, ensure a safe work environment, and comply with fair work, anti-discrimination, and work health and safety laws (section 5).
The Act imposes several obligations on the CEO when determining a receiving employer. These include giving primary consideration to the effectiveness of the Energy Industry Jobs Plan, considering the employer's ability to provide suitable employment, ensuring roles match employees' skills and aspirations, and verifying the employer's compliance with relevant laws and ability to provide a safe work environment (section 5). The CEO must also consider factors such as geographic proximity to closing employers, corporate relationships, and specific circumstances of the power station closure.
Breach of the guidelines established by this notifiable instrument may not directly result in civil or criminal penalties under the specified sections. However, failure to adhere to these guidelines when making a determination could potentially lead to broader legal consequences under the Net Zero Economy Authority Act 2024, such as challenges to the validity of the CEO's determinations or other administrative actions. While specific penalties are not detailed in this instrument, non-compliance with the Act could lead to legal scrutiny or corrective measures to ensure the guidelines are properly followed.