Bunk (Qld) Pty Ltd T/A Bunk Backpackers

[2024] FWCFB 146

[2024] FWCFB 146

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

Bunk (Qld) Pty Ltd T/A Bunk Backpackers

(AG2023/4988)

BUNK (QLD) PTY LTD – CERTIFIED AGREEMENT 2003-2006 

Liquor and Accommodation industry
DEPUTY PRESIDENT SLEVIN COMMISSIONER CRAWFORD COMMISSIONER THORNTON	SYDNEY, 14 MARCH 2024

Application to extend the default period for Bunk (Qld) Pty Ltd Certified Agreement - 2003-2006

Introduction 

1. Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, Bunk (Qld) Pty Ltd T/A Bunk Backpackers has applied  to extend the  default  period  for the Bunk (Qld) Pty Ltd – Certified Agreement 2003-2006 (the Agreement). Under subitem 20A(1) the Agreement was to terminate on 6 December 2023.

1. 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 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 this 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 27 February 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 27 February 2024.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AG831697  PR772363>