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[7]
[2024] FWCFB 422
General information, not legal advice.
Fair Work Commission (Full Bench)
2024-11-08
Original judgment source is linked above.
[2024] FWCFB 422 [Note: A copy of the zombie agreement to which this decision relates (AC316506) is available on our website.]
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional instruments
Application to extend the default period for the Paraquad Victoria Enterprise Agreement 2008
[1] Independence Australia Pty Ltd (the Applicant) has applied pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the Transitional Act) to extend the default period for the Paraquad Victoria Enterprise Agreement 2008 (the Agreement).
[2] A previous application was made on 20 November 2023 and an order was made on 20 March 2024 extending the default period for the Agreement to 28 June 2024[1]. The extension was granted as the Applicant was negotiating two enterprise agreements that would together cover all of the employees covered by the Agreement.
[3] On 25 January 2024 the Commission approved the first of the replacement agreements. The Independence Australia Group Retail & Distribution Enterprise Agreement 2023 (the first replacement agreement) became operative on 1 February 2024[2] at which point the Agreement ceased to apply to some of the employees.
[4] The second of the replacement agreements was expected to be finalised by 28 June 2024 but it was not. That agreement, the Independence Australia Group Services Enterprise Agreement 2024, was not approved until 2 August 2024 and became operative from 8 August 2024.[3]
[5] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the default period for the Agreement for the short period between 28 June 2024 and the commencement of the Independence Australia Group Services Enterprise Agreement 2024.
[6] Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period for the Agreement is extended to 8 August 2024.
[7] The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission's website.
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