Aberside Holdings Pty Ltd T/A Dome Bunbury

[2024] FWCFB 153

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

Aberside Holdings Pty Ltd T/A Dome Bunbury

(AG2023/4225)

Liquor and accommodation industry
DEPUTY PRESIDENT WRIGHT DEPUTY PRESIDENT ROBERTS DEPUTY PRESIDENT SLEVIN	SYDNEY, 15 MARCH 2024

Application to extend the default period for the Aberside Holdings Pty Ltd – Employer Greenfields Agreement 2006-2007

Aberside Holdings Pty Ltd T/A Dome Bunbury 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 Aberside Holdings Pty Ltd – Employer Greenfields Agreement 2006-2007 (the Agreement).

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.

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.

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.

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.

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

DEPUTY PRESIDENT

[1] [2023] FWCFB 122.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aberside Holdings Pty Ltd, trading as Dome Bunbury, applied to the Fair Work Commission to extend the default period of their existing Enterprise Agreement, the Aberside Holdings Pty Ltd – Employer Greenfields Agreement 2006-2007. The application was made under subitem 20A(4) of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth). The primary legal issue was whether the requirements under subitem 20A(6) of Schedule 3 were met to justify extending the default period of the Agreement while bargaining for a new enterprise agreement was ongoing. The Fair Work Commission considered whether the application was made in accordance with subitem 20A(6)(a), specifically whether bargaining was occurring for a proposed enterprise agreement that would cover the same or substantially the same group of employees as those covered by the existing Agreement, and whether it was appropriate to extend the default period. The Commission referenced the decision in ISS Health Services Pty Ltd, which outlined the criteria for such an application. The Full Bench determined that the requirements were met, and it was appropriate to extend the default period given that Aberside Holdings Pty Ltd was participating in the Commission’s Collaborative Approaches Program and had the support of the United Workers Union. Consequently, the Full Bench granted the application and extended the default period of the Agreement until 30 September 2024. This decision was published on the Fair Work Commission’s website in compliance with subitem 20A(10A)(c).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established