Able Australia Services - [2025] FWCFB 95

[2025] FWCFB 95 [Note: A copy of the zombie agreement to which this decision relates (AC312394 and AC315302) is available on our website.]

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 7, Item 30(4) - Application to extend default period for enterprise agreements made during the bridging period

Able Australia Services

(AG2025/1311)

ABLE AUSTRALIA COLLECTIVE AGREEMENT 2006-2009

MELBOURNE CITYMISSION RESIDENTIAL/SUPPORT SERVICES AGREEMENT 2007

Health and welfare services

DEPUTY PRESIDENT WRIGHT

DEPUTY PRESIDENT ROBERTS

DEPUTY PRESIDENT SLEVIN

SYDNEY, 12 MAY 2025

Application to extend the default period for the Able Australia Collective Agreement 2006-2009 and Melbourne Citymission Residential/Support Services Agreement 2007

Able Australia Services 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 periods for the Able Australia Collective Agreement 2006-2009 and the Melbourne Citymission Residential/Support Services Agreement 2007 (the Agreements). This is the third such application.

Two 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 23 November 2023 the default periods of the Agreements were extended to 6 December 2024[1]. On 8 November 2024 the default periods were further extended to 6 June 2025[2] (together, the earlier decisions)

The earlier extensions were both sought and granted on the ground that subitem 20A(7) applied as bargaining is continuing for a single replacement agreement that will cover employees currently covered by the two Agreements. The employees are represented in the bargaining by the Health Services Union (HSU). We are informed that bargaining is continuing, the HSU consents to the extensions, and the parties seek further extensions of four months to 6 October 2025 to finalise bargaining.

We are satisfied on the basis of the material filed in support of the application that subitem (7) continues to apply. We are also satisfied for the reasons set out in the earlier decisions and the material filed that it is otherwise appropriate in the circumstances to grant the extensions.

Accordingly, we order that the default periods of the Agreements are extended to 6 October 2025 and the Agreements are published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website.

DEPUTY PRESIDENT

[1] [2023] FWCFB 221

[2] [2024] FWCFB 423

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Able Australia Services [2025] FWCFB 95
Case: [2025] FWCFB 95
Decision Date: 12 MAY 2025

CaseChat Overview and Summary

The applicants in this case sought to extend the default period of two agreements: the Able Australia Collective Agreement 2006-2009 and the Melbourne Citymission Residential/Support Services Agreement 2007. The parties involved in the dispute were Able Australia Services, Melbourne Citymission, and the Health Services Union (HSU), which represents the employees under the agreements. The application was made to the Fair Work Commission under the authority of subitem 20A(4) of Schedule 3 to the Transitional Act. The primary legal issue was whether the conditions outlined in subitem 20A(7) of the Transitional Act were satisfied, which would allow for the extension of the default periods.

The court examined the evidence presented to determine if the bargaining for a single replacement agreement was ongoing and if the HSU, representing the employees, consented to the extensions. It was noted that the earlier extensions had been granted based on similar considerations. The court found that the ongoing bargaining for a single replacement agreement and the consent of the HSU justified the extensions. Additionally, the court considered that the extensions were appropriate given the circumstances, including the need to finalise the bargaining process.

Consequently, the Fair Work Commission ruled that the default periods of the agreements would be extended to 6 October 2025. The agreements were also to be published on the Commission's website in accordance with subitem 20A(10A)(c). This decision followed the rationale and evidence supporting the previous extensions, and the court was satisfied that the criteria for extending the default periods remained valid. The final orders confirmed the extension and mandated the publication of the agreements.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

Two 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 23 November 2023 the default periods of the Agreements were extended to 6 December 2024[1]. On 8 November 2024 the default periods were further extended to 6 June 2025[2] (together, the earlier decisions) The earlier extensions were both sought and granted on the ground that subitem 20A(7) applied as bargaining is continuing for a single replacement agreement that will cover employees currently covered by the two Agreements. The employees are represented in the bargaining by the Health Services Union (HSU). We are informed that bargaining is continuing, the HSU consents to the extensions, and the parties seek further extensions of four months to 6 October 2025 to finalise bargaining. We are satisfied on the basis of the material filed in support of the application that subitem (7) continues to apply. We are also satisfied for the reasons set out in the earlier decisions and the material filed that it is otherwise appropriate in the circumstances to grant the extensions. Accordingly, we order that the default periods of the Agreements are extended to 6 October 2025 and the Agreements are published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website.

Ratio Decidendi

Legal Principle Established

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