Application by Independence Australia
[2024] FWCFB 172
•20 MARCH 2024
| [2024] FWCFB 172 |
| 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 Independence Australia
(AG2023/4422)
PARAQUAD VICTORIA STAFF ENTERPRISE AGREEMENT 2008
| Health and welfare services | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 20 MARCH 2024 |
Application to extend the default period for the ParaQuad Victoria Staff Enterprise Agreement 2008
Introduction
Independence Australia applies pursuant to subitem 30(4) of Sch 7 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act) to extend the default period for the ParaQuad Victoria Staff Enterprise Agreement 2008 (the Agreement). Sch 7 applies to enterprise agreements made during the bridging period. However, the Agreement is a collective agreement-based transitional instrument and item 20A of Sch 3 applies.
We will consider the application as if it was made under made under subitem 20A(4) of Sch 3. 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 ground that it is reasonable in the circumstances to extend the default period where an enterprise agreement has been approved by the Commission under the Fair Work Act 2009 and the replacement agreement 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 replacement agreement commenced operation on 1 February 2024. The purpose of the extension is to ensure the Agreement continued to apply for the period between the termination date of 6 December 2023 in subitem 20A(1) up until the replacement enterprise agreement commenced.
We are satisfied for the purpose of subitem (6)(b) 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 on 1 February 2024.
The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website.
DEPUTY PRESIDENT
[1] [2024] FWCA 327.
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