Hermes Australia Pty Ltd T/A Hermes

[2024] FWCFB 113

[2024] FWCFB 113 [Note: A copy of the zombie agreement to which this decision relates (AC305797) 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

Hermes Australia Pty Ltd T/A Hermes

(AG2023/4923)

HERMES AUSTRALIA - WORKPLACE AGREEMENT

(AC305797)

Retail industry

DEPUTY PRESIDENT SLEVIN

COMMISSIONER LIM
COMMISSIONER THORNTON

SYDNEY, 28 FEBRUARY 2024

Application to extend the default period for the Hermes Australia - Workplace Agreement 2007

1. On 5 December 2023, Hermes Australia Pty Ltd (Applicant) made an application under item 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (TransitionalAct) to extend the ‘default period’ for the Hermes Australia - Workplace Agreement 2007 (Agreement). The application seeks to extend the default period to 6 December 2024.

1. The application is made in accordance with subitem 20A(6)(a) of the Transitional Act 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 (7) are met and that it is appropriate to extend the default period. The Applicant has commenced bargaining for a replacement agreement. The Applicant has sought an extension until 6 December 2024. However, the Applicant has also submitted that if the Commission were to extend the default period of the Agreement for six (6) months, they will endeavour to finalise the new enterprise agreement within this period. We have considered the information and submissions filed by the Applicant in support of that contention and consider that an extension until 6 June 2024 is sufficient time for a replacement agreement to be made and approved.

1. Pursuant to item 20A(6) of Sch 3 of the Transitional Act, we order that the default period for the Agreement is extended until 6 June 2024.

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

DEPUTY PRESIDENT

[1] [2023] FWCFB 122 at [4]

Printed by authority of the Commonwealth Government Printer

<AC305797  PR771909>