Dome Developments Pty Ltd T/A Dome
[2025] FWCFB 7
•15 JANUARY 2025
| [2025] FWCFB 7 [Note: A copy of the zombie agreement to which this decision relates (AC307211) 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
Dome Developments Pty Ltd T/A Dome
(AG2024/3821)
DOME COFFEES AUSTRALIA COLLECTIVE AGREEMENT 2007 – 2012
Hospitality industry
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 15 JANUARY 2025 |
Application to extend the default period for the Dome Coffees Australia Collective Agreement 2007 – 2012
Dome Developments Pty Ltd T/A Dome has applied pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the Transitional Act), to extend the default period for the Dome Coffees Australia Collective Agreement 2007 – 2012 (the 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 15 March 2024 we considered that as the Applicant was engaged in bargaining for a replacement agreement, the requirements in subitem (6)(a) were met and it was appropriate in the circumstances to extend the Agreement.[1]
A replacement agreement has now been made and an application has been lodged with the Commission pursuant to s. 185 of the Fair Work Act 2009 (FW Act) seeking the approval of that agreement. The current application seeks to extend the Agreement while the application for the approval of the replacement agreement is considered. The application is made, in accordance with subitem (6)(b), on the ground that it is reasonable in the circumstances to extend the default period. At the time the current application was made the replacement agreement had not yet been approved by the Commission.
The United Workers Union (UWU) opposes the application as it believes the replacement agreement will not meet the requirements for approval under s. 186 of the FW Act and so will not be approved. We note the UWU’s concern but believe the matters raised are best dealt with in the approval application. We find that it is reasonable to extend the Agreement while the approval application is being considered.
We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the default period for the Agreement. We will extend the Agreement until 14 March 2025. Should the replacement agreement be approved the Agreement will be replaced by that agreement. If the approval application is unsuccessful the Agreement will terminate on 14 March 2025 and the relevant modern award will apply.
Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period for the Agreement is extended until 14 March 2025.
[7] The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website.
DEPUTY PRESIDENT
[1] [2024] FWCFB 151
Printed by authority of the Commonwealth Government Printer
<AC307211 PR783297>
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