Justice Connect

Case

[2024] FWCFB 424

8 NOVEMBER 2024


[2024] FWCFB 424

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

Justice Connect

(AG2024/3846)

PILCH STAFF AGREEMENT 2008

Social, community, home care and disability services

DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN

SYDNEY, 8 NOVEMBER 2024

Application to extend the default period for the PILCH Staff Agreement 2008

  1. Justice Connect (the Applicant) has applied to extend the default period of the PILCH Staff Agreement 2008 (the Agreement) pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the Transitional Act).

  1. Two previous applications have been made by the Applicant to extend the Agreement. First, on 6 February 2024 an order was made extending the default period for the Agreement to 6 June 2024[1].

  1. Second, on 31 July 2024 a further order was made extending the default period for the Agreement to 6 October 2024[2].

  1. Both extensions were granted on the ground that the Applicant was engaged in bargaining for a replacement agreement. 

  1. The replacement agreement was expected to be finalised by 6 October 2024 but it was not. That agreement, the Justice Connect Enterprise Agreement 2024 – 2028 was approved on 7 November 2024 and will be operative from 14 November 2024.[3]

  1. We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the default period for the Agreement for the short period between 6 October 2024 and the commencement of the Justice Connect Enterprise Agreement 2024 – 2028. 

  1. We order that the default period for the Agreement is extended to 14 November 2024 pursuant to item 20A(4) of Sch 3 to the Transitional Act,.

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

DEPUTY PRESIDENT


[1] [2024] FWCFB 53

[2] [2024] FWCFB 325

[3] [2024] FWCA 3886

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