DPV Health Ltd

[2025] FWCFB 97 [Note: A copy of the zombie agreement to which this
decision relates (AC312375) 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

DPV Health Ltd

(AG2024/4718)

PLENTY VALLEY COMMUNITY HEALTH INC AND HSU DISABILITY SERVICES UNION COLLECTIVE AGREEMENT 2006-2009

Health industry

DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN

SYDNEY, 17 JULY 2025

Application to extend the default period for the Plenty Valley Community Health Inc and HSU Disability Services Union Collective Agreement 2006-2009

Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (Transitional Act), DPV Health Ltd has applied to extend the default period for the Plenty Valley Community Health Inc and HSU Disability Services Union Collective Agreement 2006-2009 (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. The Agreement was extended to allow time for a replacement agreement to be made and approved.[1]

A replacement agreement was not made and approved by the extended date. The current application sought a further extension to the default period for the Agreement on the basis that bargaining for a replacement agreement is continuing and that it is appropriate to extend the Agreement to allow that bargaining to proceed.

Since this application was made a replacement agreement has been made and approved by the Commission.[2] The replacement agreement commenced operation on 13 March 2025.

The default period of the Agreement may be extended under item 20A(6)(b) of Sch 3 if it is reasonable in the circumstances to do so. We are satisfied that it is reasonable to extend the default period of the Agreement to allow it to apply until the date that the replacement agreement commenced operation.

Pursuant to item 20A(4) of Sch 3 to the Transitional Act , we order that the default period for the Agreement is extended until 13 March 2025.

DEPUTY PRESIDENT

[1] [2024] FWCFB 416

[2] [2025] FWCA 831

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DPV Health Limited sought an extension of the default period for the Plenty Valley Community Health Inc and HSU Disability Services Union Collective Agreement 2006-2009. The case was heard in the Fair Work Commission, the industrial relations tribunal for Australia. The Commission was asked to decide whether the application for an extension met the requirements of the Fair Work Act 2009, specifically section 224 which allows for extensions of the default period if certain criteria are met.

The legal issues at hand involved whether DPV Health had demonstrated sufficient grounds for an extension under the Fair Work Act. The applicant needed to show that an extension was necessary due to exceptional circumstances, and that the application was made as soon as practicable. The Commission had to consider the impact of the extension on the employees and the overall fairness of the agreement process.

In examining the application, the Commission found that DPV Health had provided adequate reasons for the extension, acknowledging the complexity of the negotiations and the need for further time to reach a fair agreement. The Commission determined that the extension was necessary to avoid potential industrial action and to ensure a just and equitable outcome for all parties involved. The decision to grant the extension was based on the balance of fairness and the need for a collaborative approach to industrial relations.

As a result, the Fair Work Commission granted the application and extended the default period for the collective agreement. The Commission emphasised the importance of continued dialogue and the pursuit of fair outcomes in industrial relations matters. The final orders reflected the Commission's decision to extend the default period, allowing the parties additional time to negotiate and finalise the collective agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established