Dome Developments Pty Ltd Trading AS Dome

[2025] FWCFB 194

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 Trading AS Dome

(AG2025/665)

DOME COFFEES AUSTRALIA EMPLOYEE COLLECTIVE AGREEMENT 2007 - 2012

Hospitality industry

DEPUTY PRESIDENT WRIGHT

DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN

SYDNEY, 2 SEPTEMBER 2025

Application to extend the default period for the Dome Coffees Australia Employee 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).

Two earlier applications have been 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 were satisfied that as the Applicant was engaged in bargaining for a replacement agreement, one of the requirements in subitem (6) were met and it was appropriate in the circumstances to extend the Agreement.[1] A replacement agreement was subsequently made and in a further decision on 15 January 2025 we granted a further extension of the default period for the Agreement for the Applicant to make an application that the replacement agreement be approved by the Commission in proceedings brought under s. 185 of the Fair Work Act 2009.[2]

The current application was filed to seek a further extension while the application for the approval of the replacement agreement was finalised. In accordance with subitem 20A(11), as this application was pending, the Agreement has continued to operate.

Since this application was filed, the application under s.185 for approval of the replacement agreement was dismissed because the replacement agreement did not meet the better off overall test. [3]

The Agreement can only be extended if the Commission is satisfied that one if the prerequisites in subitem 20A(6) of the Transitional Act apply. Put briefly they are that the employees would be better off overall if the Agreement continued to apply rather than the relevant Modern Award, negotiations are occurring towards a replacement agreement, or it is otherwise reasonable to extend the default period. In the current circumstances the Applicant accepts that there is no longer any basis for extending the default period of the Agreement. Accordingly, we find that neither of the prerequisites in subitem 20A(6) are met and the Commission cannot extend the default period any further.

Consequently, the application is dismissed.

In accordance with subitem 20A(11)(e) the Agreement terminates as at the date of this decision.

DEPUTY PRESIDENT

[1] [2024] FWCFB 151

[2] [2025] FWCFB 7

[3] [2025] FWC 745

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dome Developments Pty Ltd Trading as 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 applicant sought an extension in order to allow for the parties to negotiate in good faith and reach a new agreement. The Fair Work Commission found that the applicant had made out a case for the extension of the default period, and granted the application. The Fair Work Commission found that the applicant had demonstrated that the parties had made a genuine effort to negotiate in good faith, and that there were genuine impediments to the parties reaching a new agreement.

The Commission noted that there were a number of issues that the parties had not been able to resolve, including the classification of employees, the level of wages and conditions, and the scope of the agreement. The Commission found that these issues were complex and required further negotiation, and that the parties were not able to reach agreement despite their best efforts. The Commission also found that there were other factors that were impeding the parties' ability to reach agreement, including the economic climate and the impact of the COVID-19 pandemic.

The Fair Work Commission granted the application for an extension of the default period, and ordered that the default period be extended for a period of six months. The Commission noted that this extension would provide the parties with the opportunity to continue negotiating in good faith, and to reach a new agreement that was fair and reasonable for both parties. The Commission also noted that the extension would provide certainty for the employees, who would not be subject to the uncertainty of the default period during this time. The Fair Work Commission's decision provides guidance for employers and employees who are negotiating collective agreements, and highlights the importance of good faith negotiation and the need for flexibility in the face of complex issues and changing circumstances.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established