Application by XL Express (Corporate) Pty Ltd

[2024] FWCFB 157

[2024] FWCFB 157

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 XL Express (Corporate) Pty Ltd

(AG2023/4692)

NATIONAL TRANSPORT OPERATIONS PTY LTD CERTIFIED AGREEMENT 2002

Private transport industry

DEPUTY PRESIDENT WRIGHT

DEPUTY PRESIDENT SLEVIN
DEPUTY PRESIDENT GRAYSON

SYDNEY, 18 MARCH 2024

Application to extend the default period for the National Transport Operations Pty Ltd Certified Agreement 2002

Introduction

1. Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 XL Express (Corporate) Pty Ltd has applied to extend the default period for the National Transport Operations Pty Ltd Certified Agreement 2002 (the Agreement). Under subitem 20A(1) the Agreement was to terminate on 6 December 2023.

1. The application is made, in accordance with subitem 20A(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 the application was made the replacement agreement had not yet been approved by the Commission.  

1. The Commission has since approved the replacement agreement.[1] The replacement agreement commenced operation on 5 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 20A(1) up until the replacement enterprise agreement commenced. 

1. We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the default period for the Agreement.

1. 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 5 March 2024.

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

DEPUTY PRESIDENT

[1] [2024] FWCA 746.

Printed by authority of the Commonwealth Government Printer

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