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

Application to extend the default period for Cosh Corp PTY LTD - Employee Collective Agreement 2006-2011

[1] Cosh Corp Pty Ltd T/A Dome Albany applies pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), to extend the default period for the Cosh Corp PTY LTD - Employee Collective Agreement 2006-2011 (the Agreement).

[2] The application is made in accordance with subitem 20A(6)(a) on the grounds that bargaining is occurring for a proposed enterprise agreement that will cover 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.

[3] The Full Bench in ISS Health Services Pty Ltd[1] described the requirements that must be met for an application to extend the default period where bargaining for a replacement agreement is made.

[4] We are satisfied on the material provided that the requirements in subitem (6)(a) are met and that it is appropriate to extend the default period. The Applicant is currently involved in the Commission's Collaborative Approaches Program. The United Workers Union supports the application. In those circumstances we grant the extension sought.

[5] Pursuant to item 20A(6) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), we order that the default period for the Agreement is extended until 30 September 2024.

[6] The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission's website.

[1] [2023] FWCFB 122.

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