Health Services Union, Tasmania Branch T/A Health and Community Services Union (HACSU)

Case •

[2024] FWCFB 263

•

21 MAY 2024
[2024] FWCFB 263

FAIR WORK COMMISSION
DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3A, Item 26A(4) - Application to extend default period for Division 2B State employment agreements

Health Services Union, Tasmania Branch T/A Health and Community Services Union (HACSU)

(AG2023/3791)

Social, community, home care and disability services

DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS      DEPUTY PRESIDENT SLEVIN

SYDNEY, 21 MAY 2024

Application to extend the default period for The Warrawee Women’s Shelter Enterprise Agreement 2009

  1. Pursuant to subitem 26A(4) of Sch 3A to the Fair  Work  (Transitional  Provisions  and Consequential  Amendments)  Act  2009 (Cth), the Health Services Union (HSU) has applied to extend the default period for The Warrawee Women’s Shelter Enterprise Agreement 2009 (the Agreement).

  1. The application is made in accordance with subitem 26A(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 appropriate to do so. The application was made after the notification time for the proposed enterprise agreement.

  1. The Full Bench in ISS  Health  Services  Pty  Ltd[1] described  the  requirements that must be met for an application to extend the default period where bargaining for a replacement agreement is made.

  1. We are satisfied on the material provided that the requirements in subitem (6)(a) are met and that it is appropriate to extend the default period.

  1. The parties are close to finalising the terms of a replacement agreement. In these circumstances, we consider that an extension until 31 August 2024 is sufficient time for a replacement agreement to be made and approved.

  1. Pursuant to item 26A(6) of Sch 3A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), we order that the default period for the Agreement is extended until 31 August 2024.

  1. The Agreement is published, in accordance with subitem 26A (10A), on the Fair Work Commission’s website.

DEPUTY PRESIDENT


[1] [2023] FWCFB 122

Printed by authority of the Commonwealth Government Printer

<AG570002  PR775211>

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