Dome Developments Pty Ltd Trading AS Dome
[2025] FWCFB 194
•2 SEPTEMBER 2025
| [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 | 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
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