Jesuit Social Services Limited T/A Jesuit Social Services
[2024] FWCFB 376
•17 SEPTEMBER 2024
| [2024] FWCFB 376 [Note: A copy of the zombie agreement to which this decision relates (AC305803) 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
Jesuit Social Services Limited T/A Jesuit Social Services
(AG2024/2189)
JESUIT SOCIAL SERVICES COLLECTIVE AGREEMENT (2006-2009)
| Health and welfare services | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 17 SEPTEMBER 2024 |
Application to extend default period for the Jesuit Social Services Collective Agreement (2006 – 2009)
Jesuit Social Services Limited T/A Jesuit Social Services (the Applicant) has applied to extend the default period for the Jesuit Social Services Collective Agreement (2006 – 2009) (Agreement) pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).
An earlier application was made to extend the default period of the Agreement. In a decision issued on 1 February 2024 the Full Bench considered that the requirements in subitem 20A(6)(a) were met and it was appropriate in the circumstances to extend the Agreement. The Full Bench ordered that the default period for the Agreement be extended until 6 June 2024 to allow time for a replacement agreement to be made and approved.[1]
The current application seeks to extend the agreement until 30 September 2024, or the date which is 7 days after the Applicant’s new enterprise agreement is approved by the Fair Work Commission. The application was made, in accordance with subitem 20A(4), on the ground that it is reasonable in the circumstances to extend the default period where an enterprise agreement has been made that covers the same employees covered by the Agreement and an application has been made to have the replacement agreement approved by the Commission under the Fair Work Act 2009. At the time the current application was made the replacement agreement had not yet been approved by the Commission.
The Commission has since approved the replacement agreement.[2] The replacement agreement commenced operation on 21 August 2024.
We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the default period for the Agreement.
Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period for the Agreement is extended until 21 August 2024
The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website.
DEPUTY PRESIDENT
[1] [2024] FWCFB 29
[2] [2024] FWCA 2988
Printed by authority of the Commonwealth Government Printer
<AC305803 PR779304>
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