Dome Developments Pty Ltd T/A Dome

[2024] FWCFB 151

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

(AG2023/4087)

Food, beverages and tobacco industry
DEPUTY PRESIDENT WRIGHT DEPUTY PRESIDENT ROBERTS DEPUTY PRESIDENT SLEVIN	SYDNEY, 15 MARCH 2024

Application to extend the default period for Dome Coffees Australia Employee Collective Agreement 2007–2012

Dome Developments Pty Ltd 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 Dome Coffees Australia Employee Collective Agreement 2007–2012 (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

Dome Developments Pty Ltd T/A Dome applied to the Fair Work Commission for an extension of the default period for the Dome Coffees Australia Employee Collective Agreement 2007–2012. The application was made under subitem 20A(4) of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, on the basis that bargaining was occurring for a proposed enterprise agreement covering the same or substantially the same group of employees as the existing agreement, and that it was appropriate to extend the default period. The application was made after the notification time for the proposed enterprise agreement had passed.

The legal issues the court needed to decide were whether the requirements for extending the default period under subitem 20A(6)(a) of Schedule 3 of the Act were met, and whether it was appropriate to grant the extension. The Full Bench had previously outlined the requirements in ISS Health Services Pty Ltd[1]. The court had to determine whether these requirements were satisfied and whether it was appropriate to extend the default period in light of the circumstances.

The Full Bench was satisfied, based on the material provided, that the requirements for extending the default period were met, and that it was appropriate to do so. The Applicant was currently involved in the Commission’s Collaborative Approaches Program, and the United Workers Union supported the application. The Full Bench granted the extension, ordering that the default period for the Agreement was extended until 30 September 2024, as per subitem 20A(6) of Schedule 3 of the Act. The Agreement was published on the Fair Work Commission’s website, in accordance with subitem 20A(10A)(c).

[1] [2023] FWCFB 122

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established