Harvest Moon T/A Forth Farm Produce

[2024] FWCFB 219

[2024] FWCFB 219

The attached document replaces the document previously issued with the above code on 22 April 2024.

The title of the Agreement referred to in paragraph [1] has been amended to reflect the correct title of the Agreement, the Harvest Moon (Casual Employees) Enterprise Agreement 2009.

Associate to Deputy President Wright

Dated 22 April 2024

[2024] FWCFB 219

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

Harvest Moon T/A Forth Farm Produce

(AG2023/3923)

HARVEST MOON (CASUAL EMPLOYEES) ENTERPRISE AGREEMENT 2009

Agricultural industry

DEPUTY PRESIDENT WRIGHT

DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN

SYDNEY, 22 APRIL 2024

Application to extend the default period for the Harvest Moon (Casual Employees) Enterprise Agreement 2009

Introduction

1. Harvest Moon T/A Forth Farm Produce applies pursuant to subitem 30(4) of Sch 7 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act) to extend the default period for the Harvest Moon (Casual Employees) Enterprise Agreement 2009 (the Agreement). The application was made under the wrong Schedule to the Transitional Act as Sch 7 applies to enterprise agreements made during the bridging period. The bridging period is 1 July 2009 to 1 January 2010. The Agreement is a collective agreement-based transitional instrument and item 20A of Sch 3 applies. We will consider the application as if it was made under made under subitem 20A(4) of Sch 3. Under subitem 20A(1) the Agreement was to terminate on 6 December 2023.

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 27 March 2024.

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 27 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 1003.

Printed by authority of the Commonwealth Government Printer

<AC324156  PR773789>