Fuad Mimic
[2025] FWCFB 24
•5 FEBRUARY 2025
| [2025] FWCFB 24 [Note: A copy of the zombie agreement to which this decision relates (AC301276) 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
Fuad Mimic
(AG2024/4398)
FERRO CORPORATION (AUST) PTY LIMITED MOORABBIN PLANT
ENTERPRISE AGREEMENT 2006
Manufacturing and associated industries
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 5 FEBRUARY 2025 |
Application to extend the default period for the Ferro Corporation (Aust) Pty Limited Moorabbin Plant Enterprise Agreement 2006
Mr Fuad Mimic (the Applicant) 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 Ferro Corporation (Aust) Pty Limited Moorabbin Plant Enterprise Agreement 2006 (the Agreement).
An earlier application was made pursuant to item 20A(4) of Sch 3 to the Transitional Act to extend the default period of the Agreement. That application was made by Mr Ross Gibson another employee whose employment was covered by the Agreement. Mr Wilson has since retired. Mr Mimic’s circumstances were also considered as part of that application. In a decision issued on 20 October 2023[1] we were satisfied for the purposes of item 20A(9) that it was likely that, as at the time the application was made, Mr Mimic would be better off overall if the Agreement applied to his employment than if the relevant modern award, the Storage Services and Wholesale Award 2020 (Storage Award), applied. We found that it was otherwise appropriate in the circumstances to extend the Agreement and did so for a period of 12 months. We extended the Agreement to allow negotiations to be finalised to secure the employees’ terms and conditions in a modern instrument.
In the current application Mr Mimic was represented by the Australian Workers’ Union. The union informed us that the parties had not been able to reach an agreement to secure Mr Mimic’s entitlements under another instrument. In those circumstances Mr Mimic seeks that the Agreement be extended for 3 years. It is expected that he will retire during that period. Mr Mimic is the only employee to whom the Agreement applies. Ferro Corporation (Aust) Pty Limited does not oppose the application.
For the reasons set out in our earlier decision we are satisfied that it is likely that, as at the time the application was made, Mr Mimic would be better off overall if the Agreement applied to his employment than if the Storage Award applied. We also find that it is otherwise appropriate to extend the Agreement. In Application by Margaret Helen McDonald[2] we found it was appropriate to extend a zombie agreement to ensure an employee’s terms and conditions remain unchanged pending retirement. The same reasoning applies here. We also note that the employer does not oppose the extension.
We will extend the Agreement until 6 December 2027.
Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period for the Agreement is extended until 6 December 2027.
[7] The Agreement is published, in accordance with subitem 20(10A), on the Fair Work Commission’s website.
DEPUTY PRESIDENT
[1] [2023] FWCFB 192
[2] [2024] FWCFB 175
Printed by authority of the Commonwealth Government Printer
<AC301276 PR784009>
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