Health Services Union (O51V)

[2024] FWCFB 232

[2024] FWCFB 232 [Note: A copy of the zombie agreement to which this decision relates (AC312530) 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

Health Services Union (O51V)

(AG2023/4920)

CARINYA SOCIETY AND HSU DISABILITY SERVICES UNION COLLECTIVE AGREEMENT 2006 – 2009

Health and welfare industry

DEPUTY PRESIDENT SLEVIN

COMMISSIONER LIM

COMMISSIONER TRAN

SYDNEY, 24 APRIL 2024

Application to extend the default period for the Carinya Society and HSU Disability Services Union Collective Agreement 2006 – 2009

Introduction

1. Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the Health Services Union applied to extend the default period for the Carinya Society and HSU Disability Services Union Collective Agreement 2006 – 2009 (the Agreement).

1. The Agreement would have terminated in accordance with subitem 20A(1) on 6 December 2023 save that the 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 23 January 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 23 January 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 184.

Printed by authority of the Commonwealth Government Printer

<AC312530 PR773882>