Gellibrand Support Services Incorporated T/A Gellibrand Support Services
[2024] FWCFB 470
•23 DECEMBER 2024
| [2024] FWCFB 470 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 7, Item 30(4) - Application to extend default period for enterprise agreements made during the bridging period
Gellibrand Support Services Incorporated T/A Gellibrand Support Services
(AG2024/3541)
GELLIBRAND SUPPORT SERVICES AGREEMENT 2009
| Health and welfare services | ||
| DEPUTY PRSIDENT WRIGHT DEPUTY PRESDIENT ROBERTS DEPUTY PRESIDENT SLEVIN | SYDNEY, 23 DECEMBER 2024 | |
Application to extend default period Gellibrand Support Services Agreement 2009
Gellibrand Support Services Incorporated T/A Gellibrand Support Services (the Applicant) has applied to extend the default period for Gellibrand Support Services Agreement 2009 (the Agreement) pursuant to subitem 30(A) of Sch 7 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).
An earlier application was made to extend the default period of the Agreement. In a decision issued on 12 January 2024, the Full Bench considered that the requirements in subitem 30(A)(6)(a) were met as a replacement agreement was being negotiated and it was appropriate in the circumstances to extend the Agreement. The Full Bench ordered that the default period for the Agreement be extended until 6 September 2024 to allow time for a replacement agreement to be made and approved.[1]
The current application, lodged on 6 September 2024, seeks to extend the Agreement until 1 December 2024, or the date which is 7 days after the Applicant’s new enterprise agreement is approved by the Fair Work Commission. The application was made, in accordance with subitem 30(A)(6)(b) on the ground that it is reasonable in the circumstances to extend the default period where an enterprise agreement has been made that covers the same employees covered by the Agreement and an application has been made to have the replacement agreement approved by the Commission under the Fair Work Act 2009.
An application to approve the replacement agreement was lodged with the Commission on 14 October 2024. At the time the current application was made, the replacement agreement had not yet been approved by the Commission.
The Commission has since approved the replacement agreement.[2] The replacement agreement commenced operation on 18 December 2024.
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 30(A) of Sch 7 to the Transitional Act, we order that the default period for the Agreement is extended until 18 December 2024.
The Agreement is published, in accordance with subitem 30(9A) of Sch 7 on the Fair Work Commission’s website.
DEPUTY PRESIDENT
[1] [2024] FWCFB 327
[2] [2024] FWCA 4404
Printed by authority of the Commonwealth Government Printer
<AE875022 PR782756>
0
0
0