Cosh Corp Pty Ltd T/A Dome Albany

[2024] FWCFB 155

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

Cosh Corp Pty Ltd T/A Dome Albany

(AG2023/4930)

Liquor and accommodation industry
DEPUTY PRESIDENT WRIGHT DEPUTY PRESIDENT ROBERTS DEPUTY PRESIDENT SLEVIN	SYDNEY, 15 MARCH 2024

Application to extend the default period for Cosh Corp PTY LTD - Employee Collective Agreement 2006-2011

Cosh Corp Pty Ltd T/A Dome Albany applies pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), to extend the default period for the Cosh Corp PTY LTD - Employee Collective Agreement 2006-2011 (the Agreement).

The application is made in accordance with subitem 20A(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.

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.

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 is currently involved in the Commission’s Collaborative Approaches Program. The United Workers Union supports the application. In those circumstances we grant the extension sought.

Pursuant to item 20A(6) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), we order that the default period for the Agreement is extended until 30 September 2024.

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

DEPUTY PRESIDENT

[1] [2023] FWCFB 122.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission Full Bench heard an application by Cosh Corp Pty Ltd T/A Dome Albany to extend the default period for the Cosh Corp PTY LTD - Employee Collective Agreement 2006-2011. The application was made under subitem 20A(4) of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), with the aim of extending the default period for the existing agreement until 30 September 2024. The Applicant argued that the extension was appropriate given the ongoing negotiation for a new enterprise agreement covering the same group of employees, and that it was made after the notification period for the proposed enterprise agreement had ended.

The court was required to determine whether the application met the criteria outlined in subitem 20A(6)(a) of the Act. This involved assessing whether the application was made in accordance with the statutory requirements and whether it was appropriate to extend the default period under the circumstances. The Full Bench referenced its earlier decision in ISS Health Services Pty Ltd, which outlined the requirements that must be fulfilled for such an application to succeed. The court had to consider the material provided and the current status of the negotiations, as well as the support from the United Workers Union, to make its decision.

Upon reviewing the evidence, the Full Bench was satisfied that the criteria for extending the default period had been met. The Applicant's participation in the Commission’s Collaborative Approaches Program and the union's support were key factors in the decision. The Full Bench granted the application and extended the default period for the existing agreement until 30 September 2024. The new agreement was subsequently published on the Fair Work Commission’s website as required by the legislation.

The Full Bench ordered the extension of the default period for the Agreement until 30 September 2024, and mandated that the new agreement be published on the Fair Work Commission’s website. This decision ensures that the existing agreement remains in effect while negotiations for a new agreement continue, providing stability for the employees and the employer during the transition period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established