Application by ADFA Jamison Pty Ltd T/A Amora Hotel Jamison Sydney

Case •

[2024] FWCFB 138

•

19 MARCH 2024
[2024] FWCFB 138

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

Application by ADFA Jamison Pty Ltd T/A Amora Hotel Jamison Sydney

(AG2023/4329)

Hospitality industry

DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
DEPUTY PRESIDENT GRAYSON

SYDNEY, 19 MARCH 2024

Application to extend the default period for the Amora Hotel Jamison Sydney – Employee Collective Agreement 2007-2012

  1. Pursuant to subitem 20A(4) of Sch 3 to the Fair  Work  (Transitional  Provisions  and Consequential  Amendments)  Act  2009 (Cth) (Transitional Act), ADFA Jamison Pty Ltd T/A Amora Hotel Jamison Sydney has applied to extend the  default  period  for the  Amora Hotel Jamison Sydney – Employee Collective Agreement 2007-2012 (the Agreement). 

  1. The application is made in accordance with subitem 20A(6)(a) on the ground 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. 

  1. 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. 

  1. 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 has commenced bargaining for a replacement agreement and we consider that an extension until the 14 July 2024 is sufficient time for a replacement agreement to be made and approved.

  1. 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 14 July 2024. 

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

DEPUTY PRESIDENT


[1] [2023] FWCFB 122 at [4]

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