Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

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

KIRINARI COMMUNITY SERVICES LIMITED HUME RIVERINA BRANCH - CERTIFIED AGREEMENT 2006-2008

Application to extend the default period for the Kirinari Community Services Limited Hume Riverina Branch - Certified Agreement 2006-2008

[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the Transitional Act), Kirinari Community Services Ltd has applied to extend the default period for the Kirinari Community Services Limited Hume Riverina Branch - Certified Agreement 2006-2008 (the Agreement). This is the third such application.

[2] Two earlier applications were 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 7 September 2023, the Full Bench considered that the requirements in subitem (6)(a) were met as the parties were bargaining for a replacement agreement and it was appropriate in the circumstances to extend the default period for the Agreement.[1]

[3] The second application was made by the Health Services Union in the context of protracted bargaining for a replacement agreement. Again, the Full Bench was satisfied that the requirements of subitem (6)(a) were met and it was appropriate in the circumstances to extend the default period for the Agreement to allow bargaining to proceed.[2] The two earlier decisions described the complexities associated with the bargaining.

[4] A replacement agreement was made on 11 December 2024. An application was made to the Commission for its approval on 20 December 2024. The replacement agreement approval application was dismissed on 25 March 2025.[3]

[5] The Applicant has now indicated that this application is no longer pressed and expressed an intention to discontinue.

[6] The Applicant has been preparing to transfer its employees to the Social, Community, Home Care and Disability Services Industry Award 2020 (the SCHADS Award) on and from 12 May 2025.

[7] This decision will bridge the gap between the date of the last extension and the date upon which the employees transition to being covered by the SCHADS Award.

[8] In accordance with the Applicant's position, we formally refuse to extend the Agreement as sought in the application. In accordance with item 11(e) of Schedule 3 we will extend the default period for the Agreement to 11 May 2025.

[9] Consequently, we order that the default period of the Agreement is extended to 11 May 2025 and the Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission's website.

[1] [2023] FWCFB 158

[2] [2024] FWCFB 321

[3] [2025] FWC 831

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