Able Australia Services
[2025] FWCFB 95
•12 MAY 2025
| [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
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