Gateways Support Services Inc

[2024] FWCFB 329

[2024] FWCFB 329 [Note: A copy of the zombie agreement to which this decision relates (AG847499) 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

Gateways Support Services Inc

(AG2024/1844)

Health and welfare services
DEPUTY PRESIDENT WRIGHT DEPUTY PRESIDENT ROBERTS     DEPUTY PRESIDENT SLEVIN	SYDNEY, 1 AUGUST 2024

Application to extend the default period for the Gateways Support Services Inc and Health Services Union of Australia Disability Services Sector Certified Agreement 2005

1. Pursuant to item 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), an application has been made by Gateways Support Services Inc. to extend the default period for the Gateways Support Services Inc and Health Services Union of Australia Disability Services Sector Certified Agreement 2005 (the Agreement).

1. The application is made in accordance with subitem 20A(6)(a) on the ground that bargaining is occurring for a proposed enterprise agreement that will cover the same, or substantially the same, group of employees as are covered by the Agreement and that it is otherwise appropriate to do so.

1. An earlier application seeking to extend the default period of the Agreement was granted extending the default period to 1 July 2024[1]. The Applicant seeks a further extension to allow a replacement agreement to be finalised. An in-principle agreement has been reached and is expected to be put to a vote of employees in the coming weeks. The Health Services Union of Australia is a bargaining representative for the employees, and it supports the extension.

1. We are satisfied on the material provided that the requirements in subitem (6)(a) are met and that given an in-principle agreement has been reached it is appropriate to extend the default period. We do not consider the extension needs to be until 1 January 2025 and consider that an extension until 6 October 2024 is sufficient time for a replacement agreement to be finalised and approved.

1. Pursuant to item 20A(6) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), we order that the default period for the Agreement is extended until 6 October 2024.

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

DEPUTY PRESIDENT

[1] [2023] FWCFB 243

Printed by authority of the Commonwealth Government Printer

<AG847499  PR777779 >