Arc @ UNSW Limited

[2024] FWCFB 227

[2024] FWCFB 227 [Note: A copy of the zombie agreement to which this decision relates (AC326155) is available on our website.]

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

Arc @ UNSW Limited

(AG2024/1107)

ARC EMPLOYEE COLLECTIVE AGREEMENT 2009

DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN      DEPUTY PRESIDENT GRAYSON SYDNEY, 22 APRIL 2024

Application to extend the default period for the Arc Employee Collective Agreement 2009

1. Pursuant to subitem 20A(4) of Sch 3 to the Fair  Work  (Transitional  Provisions  and Consequential  Amendments)  Act  2009 (Cth), Arc @ UNSW Limited has applied to extend the default period for the Arc Employee Collective Agreement 2009 (the Agreement).

1. The Applicant lodged an earlier application on 22 November 2023 pursuant to 20A(4) of Sch 3 to the Transitional Act to extend the default period of the Agreement until 7 April 2024. In a decision issued on 12 February 2024 the Full Bench considered that the requirements in subitem (6)(a) were met and it was appropriate in the circumstances to extend the Agreement. The Full Bench ordered that the default period for the Agreement be extended until 6 April 2024 to allow time for a replacement agreement to be made and approved.[1]

1. The current application lodged on 5 April 2024 seeks to extend the agreement until 7 August 2024. 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 in circumstances where an enterprise agreement has been made that covers the same employees covered by the Agreement and an application has been made to have the replacement agreement approved by the Commission under the Fair Work Act 2009. An application to approve the replacement agreement was lodged with the Commission on 8 March 2024. At the time the current application was made the replacement agreement had not yet been approved by the Commission. 

1. The Commission has since approved the replacement agreement.[2] The replacement agreement will commence operation on 19 April 2024. The purpose of the extension is to ensure the Agreement continued to apply for the period between the extended date of 6 April 2024 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 26 April 2024.

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

DEPUTY PRESIDENT

[1] [2024] FWCFB 74.

[2] [2024] FWCA 1317.

Printed by authority of the Commonwealth Government Printer

<AC326155 PR773819>