//
[10]
[2024] FWCFB 416
General information, not legal advice.
Fair Work Commission (Full Bench)
2024-11-04
Original judgment source is linked above.
[2024] FWCFB 416 [Note: A copy of the zombie agreements to which this
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional instruments
PLENTY VALLEY COMMUNITY HEALTH INC AND HSU DISABILITY SERVICES UNION COLLECTIVE AGREEMENT 2006-2009
PLENTY VALLEY COMMUNITY HEALTH DISABILITY SERVICES VICTORIA (PART 1) COLLECTIVE AGREEMENT 2008
Application to extend the default period for the Plenty Valley Community Health Inc and HSU Disability Services Union Collective Agreement 2006-2009 and Plenty Valley Community Health Disability Services Victoria (Part 1) Collective Agreement 2008
[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), DPV Health Ltd has applied to extend the default period for two Agreements; Plenty Valley Community Health Inc and HSU Disability Services Union Collective Agreement 2006-2009 (AC312375) and Plenty Valley Community Health Disability Services Victoria (Part 1) Collective Agreement 2008 (AC314652) (the Agreements).
[2] Earlier applications were made pursuant to 20A(4) of Sch 3 to the Transitional Act to extend the default periods of the Agreements. In a decision issued on 21 March 2024 the Full Bench considered that the requirements in subitem (6)(a) were met and it was appropriate in the circumstances to extend the Agreements. The Full Bench ordered that the default period for the Agreements be extended until 6 July 2024 to allow time for a replacement agreement to be made and approved.[1]
[3] The current applications seek to further extend the default period for the Agreements until 2 December 2024. The application is made on the basis that bargaining for a replacement agreement is continuing and that it is appropriate to extend the agreements to allow that bargaining to proceed without there being changes to the employees' current terms conditions of employment. The Health Service Union is a bargaining representative for the replacement agreement and it supports the applications.
[4] The Full Bench in ISS Health Services Pty Ltd[2] described the requirements that must be met for an application to extend the default period where bargaining for a replacement agreement is made.
[5] 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 has been bargaining for a replacement agreement and while it has taken longer than anticipated to finalise negotiations we consider that an extension until the 2 December 2024 is appropriate and allows sufficient time for replacement agreements to be made and approved.
[6] Pursuant to item 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), we order that the default periods for the Agreements are extended until 2 December 2024.
[7] The Agreements are published, in accordance with subitem 20A(10A)(c), on the Fair
Printed by authority of the Commonwealth Government Printer