//
[10]
[2025] FWCFB 222
General information, not legal advice.
Fair Work Commission (Full Bench)
2025-09-30
Original judgment source is linked above.
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional instruments
Australian Municipal, Administrative, Clerical and Services Union
CENTACARE COMMUNITY AND DISABILITY UNION COLLECTIVE AGREEMENT 2008
Application to extend the default period for Centacare Community and Disability Union Collective Agreement 2008
[1] An application has been made by the Australian Municipal, Administrative, Clerical and Services Union 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 Centacare Community and Disability Union Collective Agreement 2008 (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 9 February 2024 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 December 2024 to allow time for a replacement agreement to be made and approved.[1]
[3] The current application was lodged on 30 October 2024. At that time, bargaining had stalled, and an application had been made for an intractable bargaining declaration. The Full Bench indicated to the parties that this application would not be determined while the bargaining dispute was unresolved. By late November 2024 an agreement had been struck and this application was again held over pending the approval of the replacement agreement.
[4] The replacement agreement was approved on 23 January 2025[2]. An appeal was then filed in respect of that approval decision. Again, the determination of this application was deferred pending determination of the appeal. The Full Bench determined the appeal on 9 September 2025[3] varying but upholding the approval of the replacement agreement.
[5] The deferral of this application has, by force of subitem 20A of Sch 3 of the Transitional Act, had the effect of preserving the operation of the Agreement throughout. On 12 September, the Chambers of Deputy President Slevin wrote to the parties in this application noting the determination of the appeal and proposing to dismiss the application, noting the effect of such a course would be to terminate the agreement on the date of the dismissal decision and, practically, to bridge its operation to the commencement of the replacement agreement. Both the Applicant and the employer have consented to that course.
[7] On that basis the Application is dismissed. In accordance with subitem 20A(11)(e) the Agreement terminates as at the date of this decision.
Printed by authority of the Commonwealth Government Printer