24 Carat Nominees Pty Ltd T/A Shiels Group
[2024] FWCFB 122
•29 FEBRUARY 2024
| [2024] FWCFB 122 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional instruments
24 Carat Nominees Pty Ltd T/A Shiels Group
(AG2023/4914)
CARAT NOMINEES PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2006
| Retail industry | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 29 FEBRUARY 2024 |
Application to extend the default period for 24 Carat Nominees Pty Ltd Employee Collective Agreement 2006
Carat Nominees Pty Ltd has applied under Item 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (Transitional Act) to extend the default period for the Carat Nominees Pty Ltd Employee Collective Agreement 2006 (Agreement). Under subitem 20A(1) the Agreement was to terminate on 6 December 2023.
The application was made, in accordance with subitem (6)(b), on the grounds that it is reasonable in the circumstances to extend the default period where an enterprise agreement has been made under the Fair Work Act 2009 that covers the same, or substantially the same, group of employees as are covered by the Agreement. At the time this application was made the replacement agreement had not yet been approved by the Commission.
The Commission has since approved the replacement agreement.[1] The purpose of the extension is to ensure the Agreement continued to apply until the replacement enterprise agreement was approved.
For the purpose of subitem (6)(b), we are satisfied that it is reasonable to extend the default period for the Agreement.
Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period for the Agreement is extended until 7 days after the approval decision of the new replacement agreement, approved on 22 February 2024.
The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website.
DEPUTY PRESIDENT
[1] PR771673.
Printed by authority of the Commonwealth Government Printer
<AC302164 PR771945>
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