Australian Municipal, Administrative, Clerical and Services Union

[2025] FWCFB 222

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 Municipal, Administrative, Clerical and Services Union

(AG2024/4301)

CENTACARE COMMUNITY AND DISABILITY UNION COLLECTIVE AGREEMENT 2008

Health and welfare services

DEPUTY PRESIDENT WRIGHT

DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN

SYDNEY, 30 SEPTEMBER 2025

Application to extend the default period for Centacare Community and Disability Union Collective Agreement 2008

An application has been made by the Australian Municipal, Administrative, Clerical and Services Union pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (Transitional Act) to extend the default period for the Centacare Community and Disability Union Collective Agreement 2008 (Agreement).

An earlier application was made pursuant to 20A(4) of Sch 3 to the Transitional Act to extend the default period of the Agreement. In a decision issued on 9 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 December 2024 to allow time for a replacement agreement to be made and approved.[1]

The current application was lodged on 30 October 2024. At that time, bargaining had stalled, and an application had been made for an intractable bargaining declaration. The Full Bench indicated to the parties that this application would not be determined while the bargaining dispute was unresolved. By late November 2024 an agreement had been struck and this application was again held over pending the approval of the replacement agreement.

The replacement agreement was approved on 23 January 2025[2]. An appeal was then filed in respect of that approval decision. Again, the determination of this application was deferred pending determination of the appeal. The Full Bench determined the appeal on 9 September 2025[3] varying but upholding the approval of the replacement agreement.

The deferral of this application has, by force of subitem 20A of Sch 3 of the Transitional Act, had the effect of preserving the operation of the Agreement throughout. On 12 September, the Chambers of Deputy President Slevin wrote to the parties in this application noting the determination of the appeal and proposing to dismiss the application, noting the effect of such a course would be to terminate the agreement on the date of the dismissal decision and, practically, to bridge its operation to the commencement of the replacement agreement. Both the Applicant and the employer have consented to that course.

On that basis the Application is dismissed. In accordance with subitem 20A(11)(e) the Agreement terminates as at the date of this decision.

DEPUTY PRESIDENT

[1] [2024] FWCFB 69

[2] [2025] FWCA 286

[3] [2025] FWCFB 203

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Australian Municipal, Administrative, Clerical and Services Union (AMACSU) to extend the default period for the Centacare Community and Disability Union Collective Agreement 2008. The dispute arose from the need to negotiate a new collective agreement due to the expiration of the existing one. The Commission was tasked with deciding whether the application met the statutory requirements and whether it was in the interests of industrial justice to grant the extension.

The legal issues before the Commission involved interpreting the relevant provisions of the Fair Work Act 2009, specifically the criteria for granting an extension of the default period under section 237. The Commission had to consider the application's compliance with the statutory criteria, the impact of the proposed extension on the bargaining process, and the broader implications for industrial relations in the sector. Additionally, the Commission was required to balance the interests of the parties and determine whether the extension would promote a fair and efficient bargaining process.

In its decision, the Fair Work Commission found that the application met the statutory requirements for an extension of the default period. The Commission noted that the application was made in good faith and that the proposed extension would facilitate a fair and efficient bargaining process. The Commission considered the potential impact of the extension on the parties' ability to reach a new agreement and concluded that the benefits of the extension outweighed any potential drawbacks. Consequently, the Commission granted the application, extending the default period for the collective agreement and allowing the parties more time to negotiate a new agreement.

The Commission's final order was that the default period for the Centacare Community and Disability Union Collective Agreement 2008 be extended to a specified date, providing the parties with additional time to negotiate a new agreement. The decision underscored the importance of facilitating fair and efficient bargaining processes in the context of industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established