Feathers Boutique Pty Ltd T/A Feathers Boutique

[2024] FWCFB 226

[2024] FWCFB 226

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

Feathers Boutique Pty Ltd T/A Feathers Boutique

(AG2023/4979)

FEATHERS BOUTIQUE EMPLOYMENT AGREEMENT 2003

Wholesale and retail trade industry

DEPUTY PRESIDENT SLEVIN

COMMISSIONER CRAWFORD

COMMISSIONER TRAN

SYDNEY, 22 APRIL 2024

Application to extend the default period for the Feathers Employment Agreement 2003

Introduction

1. Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, Feathers Boutique Pty Ltd T/A Feathers Boutique applied to extend the default period for the Feathers Employment Agreement 2003 (the Agreement).

1. The Agreement would have terminated in accordance with subitem 20A(1) on 6 December 2023 save that an application under subitem 20A(4) to extend the Agreement has been made. The Agreement continued pending our decision in that application.

1. Subitem 20A(6)(b), allows the Commission to extend on the ground that it is reasonable in the circumstances to do so. The circumstances here are that since the application was made an enterprise agreement has been approved by the Commission under the Fair Work Act 2009 which covers the same, or substantially the same, group of employees as are covered by the Agreement.[1]

1. The replacement agreement commenced operation on 25 March 2024. The purpose of the extension is to ensure the Agreement continued to apply for the period between the termination date of 6 December 2023 in subitem 20A(1) up until the replacement enterprise agreement commenced. 

1. We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the default period for the Agreement. Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period for the Agreement is extended until 7 days after the approval decision of the new replacement agreement on 25 March 2024.

1. The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website.

DEPUTY PRESIDENT

[1] [2024] FWCA 941.

Printed by authority of the Commonwealth Government Printer

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