DPV Health Ltd

[2025] FWCFB 97

[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

1. 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).

1. 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]

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.

1. 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.

1. 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. 

1. 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

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<AC312375 PR787274>