Hobart City Council
[2025] FWCFB 8
•15 JANUARY 2025
| [2025] FWCFB 8 [Note: A copy of the zombie agreement to which this decision relates (AE871556 and AC300834) 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
Hobart City Council
(AG2024/4626, AG2024/4627)
TATTERSALL'S HOBART AQUATIC CENTRE AGREEMENT 2006
TASMANIAN TRAVEL AND INFORMATION CENTRE ENTERPRISE AGREEMENT 2009
| Local government administration | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 15 JANUARY 2025 |
Application to extend the default period for the Tattersall’s Hobart Aquatic Centre Agreement 2006 and Tasmanian Travel and Information Centre Enterprise Agreement 2009
Hobart City Council has applied pursuant to subitem 20A(4) of Sch 3 and subitem 30(4) of Sch 7 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the Transitional Act), to extend the default periods for the Tattersall’s Hobart Aquatic Centre Agreement 2006 (AC300834) and the Tasmanian Travel and Information Centre Enterprise Agreement 2009 (AE871556) (the Agreements).
Earlier applications were made pursuant to the Transitional Act to extend the default periods of the Agreements. In a decision issued on 15 February 2024 the Full Bench considered that as the Applicant was engaged in bargaining for a replacement agreement to cover the employees covered by the Agreements, the requirements in the Transitional Act were met and it was appropriate in the circumstances to extend the default periods for the Agreements.[1]
We are informed that a replacement agreement that will cover the employees covered by the Agreements was made in December 2024 and an application is to be lodged with the Commission pursuant to s. 185 of the Fair Work Act 2009 (FW Act) seeking the approval of that agreement. The current application seeks to extend the Agreement while an application for the approval of the replacement agreement is considered. The applications are made, in accordance with subitem (6)(b), on the ground that it is reasonable in the circumstances to extend the default period.
The Australian Municipal, Administrative, Clerical and Services Union (ASU) supports the applications.
We are satisfied for the purpose of the Transitional Act that it is reasonable to extend the default periods for the Agreements while the replacement agreement is considered for approval. We will extend the Agreement until 14 March 2025. Should the replacement agreement be approved the Agreements will be replaced by that agreement. If the approval application is unsuccessful the Agreements will terminate on 14 March 2025 and the relevant modern award will apply.
Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default periods for each Agreement is extended until 14 March 2025.
[7] The Agreements are published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website.
DEPUTY PRESIDENT
[1] [2024] FWCFB 83
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