Application by Riverina Plaster Works Pty Ltd

[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 DEPUTY PRESIDENT SLEVIN DEPUTY PRESIDENT GRAYSON	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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Riverina Plaster Works Pty Ltd applied to the Fair Work Commission to extend the default period for the Riverina Plaster Works Pty Ltd Enterprise Agreement 2009 (the Agreement), which was due to terminate on 6 December 2023. The application was made under subitem 30(4) of Schedule 7 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. The basis for the application was that it is reasonable to extend the default period due to the approval by the Commission of a replacement agreement that covers the same group of employees as the Agreement. At the time the application was made, the replacement agreement had not yet been approved by the Commission; however, the Commission later approved the replacement agreement, which commenced on 4 March 2024. The application seeks to ensure the Agreement remains in effect until the new agreement is operational.

The legal issues before the Commission were whether it was reasonable to extend the default period for the Agreement, and if so, for how long. The Commission considered the reasonableness of the extension under subitem (6)(b) of the Transitional Act and determined that it was reasonable to extend the default period. The Commission then ordered an extension of the default period until seven days after the approval decision of the new replacement agreement, which was on 4 March 2024. This extension ensures continuity of the Agreement's provisions until the new agreement takes effect.

The Fair Work Commission, consisting of Deputy President Wright, Deputy President Slevin, and Deputy President Grayson, found that it was reasonable to extend the default period for the Agreement. The Commission ordered the extension of the default period until seven days after the approval decision of the new replacement agreement. This decision was made to ensure that the Agreement continued to apply for the period between its original termination date and the commencement of the replacement agreement. The Agreement is published on the Fair Work Commission's website, as required by subitem 30(9A)(c) of the Transitional Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established