[2025] FWCFB 145 [Note: A copy the zombie agreement to which this decision relates (AC325715) is available on our website.]

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional instruments

Application to extend the default period for the Ozpak Collective Agreement 2009

[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the Transitional Act), the Australian Workers' Union (AWU) has applied to extend the default period for O_zpak Collective Agreement 2009_ (the 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. The Agreement was extended to allow time for a replacement agreement to be made and approved.[1]

[3] An Agreement was not made and approved by the extended date. The current application sought a further extension to the default period for the Agreement on the basis that bargaining for a replacement agreement is continuing and that it is appropriate to extend the Agreement to allow that bargaining to proceed.

[4] Since this application was made a replacement Agreement was made and approved by the Commission.[2] The replacement agreement commenced operation on 31 December 2024.

[5] The default period of the Agreement may be extended under item 20A(6)(b) of Sch 3 if it is reasonable in the circumstances to do so. We are satisfied that it is reasonable to extend the default period of the Agreement to allow it to apply until the date that the replacement agreement commenced operation.

[6] Pursuant to item 20A(4) of Sch 3 to the Transitional Act we order that the default period for the Agreement is extended until 31 December 2024.

[1] [2024] FWCFB 4

[2] [2024] FWCA 4679

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