Australian Education Union (284V)

[2024] FWCFB 218

[2024] FWCFB 218 [Note: A copy of the zombie agreement to which this decision relates (AC314740) 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

Australian Education Union (284V)

(AG2023/4857)

CARINYA SOCIETY DISABILITY SERVICES VICTORIA AGREEMENT 2008

Educational services industry
DEPUTY PRESIDENT ROBERTS DEPUTY PRESIDENT SLEVIN COMMISSIONER CRAWFORD	SYDNEY, 22 APRIL 2024

Application to extend the default period for the Carinya Society and HSU Disability Services Union Collective Agreement 2006 – 2009

1. Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the Australian Education Union applied to extend the default period for the Carinya Society Disability Services Victoria (Part 1) Enterprise Agreement 2005 (the 2005 Agreement).

1. The Respondent Employer informed us that the 2005 Agreement was replaced by the Carinya Society Disability Services Victoria (Part 1) Enterprise Agreement 2008 (the 2008 Agreement). On that basis we will take the application as an application to extend the 2008 Agreement.

1. The 2008 Agreement would have terminated in accordance with subitem 20A(1) on 6 December 2023 if no application under subitem 20A(4) to extend it had been made. Pursuant to subitem 20A(11) the Agreement continued to operate pending our decision in this matter.

1. Subitem 20A(6)(b), allows the Commission to extend on the ground that it is reasonable in the circumstances to do so. The circumstances here are that since the application was made an enterprise agreement has been approved by the Commission under the Fair Work Act 2009 which covers the same, or substantially the same, group of employees as are covered by the 2008 Agreement.[1]

1. The replacement agreement commenced operation on 23 January 2024.

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 23 January 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 184.

Printed by authority of the Commonwealth Government Printer

<AC314740  PR773762>