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[8]
[2024] FWCFB 172
General information, not legal advice.
Fair Work Commission (Full Bench)
2024-03-20
Original judgment source is linked above.
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional instruments
PARAQUAD VICTORIA STAFF ENTERPRISE AGREEMENT 2008
Application to extend the default period for the ParaQuad Victoria Staff Enterprise Agreement 2008 - correction to decision.
[1] Pursuant to s. 603 of the Fair Work Act 2009 (Cth,) the decision issued by the Fair Work Commission on 20 March 2024 [2024] FWCB 172 is amended as follows:
Delete paragraphs [3] - [6].
Insert the following paragraphs:
[3] The application was made on the grounds that bargaining is occurring for a proposed enterprise agreement that will cover part of the same, or substantially the same, group of employees as are covered by the Agreement and that it is appropriate to do so. The application was made after the notification time for the proposed enterprise agreement.
[4] Independence Australia has been bargaining for two distinct enterprise agreements which, together, cover or are proposed to cover all employees who were covered by the Paraquad Agreement. One of the replacement agreements covering warehouse, call centre and administration staff commenced operation on 1 February 2024.[1] The other replacement agreement covering various workers including support workers, residential support workers, warehouse, call centre and administrative staff (the second replacement agreement) has not yet been made and approved by the Commission.
[5] The Full Bench in ISS Health Services Pty Ltd described the requirements that must be met for an application to extend the default period where bargaining for a replacement agreement is made.[2]
[6] We are satisfied on the material provided that the requirements in subitem (6)(a) and (b) are met and that it is appropriate to extend the default period. We consider that an extension until 28 June 2024 is sufficient time for the second replacement agreement to be made and approved by the Commission.
[7] Pursuant to s 602 of the Act, we order that the default period for the Paraquad Agreement is varied from the date specified in the Full Bench's earlier decision so that the Agreement is extended from 6 December 2023 until 28 June 2024.
[8] The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission's website.
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