Griggs Haulage Contractors

[2024] FWCFB 64

[2024] FWCFB 64

The attached document replaces the document previously issued with the above code on 8 February 2024.

The attached document replaces the document previously issued with the above code on 8 February 2024 to replace the title of the Agreement with the correct title, referred to as the Griggs Haulage Pty Ltd Agreement 2004.

Associate to Deputy President Slevin

Dated 8 February 2024

[2024] FWCFB 64 [Note: A copy of the zombie agreement to which this decision relates (AC317239) 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

Griggs Haulage Contractors

(AG2023/4706)

GRIGGS HAULAGE PTY LTD AGREEMENT 2004 

Road transport industry 

DEPUTY PRESIDENT SLEVIN

COMMISSIONER CONNOLLY
COMMISSIONER TRAN

SYDNEY, 8 FEBRUARY 2024

Application to extend the default period for the Griggs Haulage Pty Ltd Agreement 2004

Introduction  

1. Griggs Haulage Contractors applies pursuant to subitem 30(4) of Sch 7 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 to extend the default period for the Griggs Haulage Pty Ltd Agreement 2004 (the Agreement). Sch 7 applies to enterprise agreements made during the bridging period. However, the Agreement is a collective agreement-based transitional instrument and item 20A applies. We will therefore consider the application as made under subitem 20A(4) of Sch 3. Under subitem 20A(1) the Agreement was to terminate on 6 December 2023.  

1. The application was made, in accordance with subitem (6)(b), on the grounds that it is reasonable in the circumstances to extend the default period where an enterprise agreement had been made under the Fair Work Act 2009 that covers the same, or substantially the same, group of employees as are covered by the Agreement. At the time this application was made the replacement agreement had not yet been approved by the Commission.  

1. The Commission has since approved the replacement agreement.[1] The purpose of the extension is to ensure the Agreement continued to apply until the replacement enterprise agreement was approved. 

1. We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the default period for the Agreement. 

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 7 days after the approval decision of the new replacement agreement on 28 December 2023. 

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

DEPUTY PRESIDENT

[1] [2023] FWCA 4413.

Printed by authority of the Commonwealth Government Printer

<AC317239  PR771116>