Application by Riverina Plaster Works Pty Ltd
[2024] FWCFB 159
•18 MARCH 2024
| [2024] FWCFB 159 |
| 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
Application by Riverina Plaster Works Pty Ltd
(AG2023/4404)
RIVERINA PLASTER WORKS PTY LTD ENTERPRISE AGREMEENT 2009
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 18 MARCH 2024 |
Application to extend the default period for the Riverina Plaster Works Pty Ltd Enterprise Agreement 2009
Introduction
Pursuant to subitem 30(4) of Sch 7 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 Riverina Plaster Works Pty Ltd T/A Riverina Plaster Works has applied to extend the default period for the Riverina Plaster Works Pty Ltd Enterprise Agreement 2009 (the Agreement). Under subitem 30(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, 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 4 March 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 30(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 30(6) of Sch 7 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 4 March 2024.
The Agreement is published, in accordance with subitem 30(9A)(c), on the Fair Work Commission’s website.
DEPUTY PRESIDENT
[1] [2024] FWCA 728.
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