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[2025] FWCFB 64
General information, not legal advice.
Fair Work Commission (Full Bench)
2025-03-26
Original judgment source is linked above.
[2025] FWCFB 64 [Note: A copy of the zombie agreement to which this decision relates () is available on our website.]
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional instruments
ANNECTO AND HEALTH SERVICES UNION OF AUSTRALIA CERTIFIED AGREEMENT 2004-2007
Application to extend the default period for the Annecto and Health Services Union of Australia Certified Agreement 2004-2007
[1] An application has been made by Annecto Inc pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (Transitional Act) to extend the default period for the Annecto and Health Services Union of Australia Certified Agreement 2004-2007 (Agreement).
[2] An earlier application was made pursuant to 20A(4) of Sch 3 to the Transitional Act to extend the default period of the Agreement. In a decision issued on 23 August 2023 the Full Bench considered that the requirements in subitem (6)(a) were met and it was appropriate in the circumstances to extend the Agreement. The Full Bench ordered that the default period for the Agreement be extended until 6 June 2025 to allow time for a replacement agreement to be made and approved.[1]
[3] The current application lodged on 26 February 2025 seeks to further extend the agreement until the commencement of a replacement agreement, the Annecto Inc Enterprise Agreement 2024 which was approved on 29 January 2025[2] but does not commence operation until 29 July 2025. This application was made, in accordance with subitem (6)(b), on the ground that it is reasonable to extend the default period in circumstances where an enterprise agreement has been made that covers the same employees covered by the Agreement. The extension will mean that the employees' terms and conditions can transfer to the new agreement without falling back to the relevant modern award in the short period between the Agreement terminating and the new agreement commencing.
[4] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the default period for the Agreement and bridge the period to the commencement of the replacement agreement.
[5] Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period for the Agreement is extended until 28 July 2025.
[6] The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission's website.
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