BlueCross Community and Residential Care Services Group T/A BlueCross

[2023] FWCFB 251

[2023] FWCFB 251 [Note: A copy of the zombie agreement to which this decision relates (AE872970) is available on our website.]

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

BlueCross Community and Residential Care Services Group T/A BlueCross

(AG2023/4217)

Health and welfare services
DEPUTY PRESIDENT WRIGHT DEPUTY PRESIDENT SLEVIN DEPUTY PRESIDENT GRAYSON	SYDNEY, 14 DECEMBER 2023

Application to extend the default period for Blue Cross Community Care Services Group Pty Ltd Direct Care Workers Enterprise Agreement 2009-2013

1. Pursuant to subitem 30(4) of Sch 7 to the Fair Work (Transitional  Provisions  and Consequential  Amendments)  Act  2009 (Cth), BlueCross Community and Residential Care Services Group T/A BlueCross has applied to extend the default period for the Blue Cross Community Care Services Group Pty Ltd Direct Care Workers Enterprise Agreement 2009-2013 (the Agreement).

1. The application is made in accordance with subitem 30(6)(a) on the grounds that bargaining is occurring for a proposed enterprise agreement that will cover the same, or substantially the same, group of employees as are covered by the Agreement and that it is appropriate to do so. The application was made after the notification time for the proposed enterprise agreement.

1. The  Full  Bench  in ISS  Health  Services  Pty  Ltd[1] described  the  requirements that must be met for an application to extend the default period where bargaining for a replacement agreement is made.

1. We are satisfied on the material provided that the requirements in subitem (6)(a) are met and that it is appropriate to extend the default period. The applicant has commenced bargaining for a replacement agreement and we consider that an extension until the end of March 2024 is sufficient time for a replacement agreement to be made and approved.

1. Pursuant to item 30(6) of Sch 7 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), we order that the default period for the Agreement, is extended until 31 March 2024.

1. The Agreement is published, in accordance with subitem 30(9A)(c), on the Fair Work Commission’s website.

DEPUTY PRESIDENT

[1] [2023] FWCFB 122

Printed by authority of the Commonwealth Government Printer

<AE872970  PR769437>