Justice Connect

[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

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).

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].

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

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

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]

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.

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,.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the matter of Justice Connect sought an extension of the default period for the PILCH Staff Agreement 2008. The applicant argued that due to extenuating circumstances, including delays caused by the COVID-19 pandemic, they were unable to meet the prescribed deadline. The dispute centred on whether the court should exercise its discretion to extend the default period under the relevant industrial instrument.

The legal issues before the court involved the interpretation of the PILCH Staff Agreement 2008 and the application of relevant case law concerning the extension of default periods in industrial agreements. The court had to consider the nature of the extenuating circumstances, the impact of the COVID-19 pandemic, and whether these circumstances warranted an extension of the default period. Additionally, the court needed to assess the principles guiding the exercise of discretion in such matters.

The court found that the extenuating circumstances, particularly the COVID-19 pandemic, significantly impacted the applicant's ability to meet the default period. The court acknowledged the widespread disruptions and delays caused by the pandemic, which were beyond the applicant's control. After considering the evidence and the principles of discretion, the court decided to exercise its discretion to extend the default period. The extension was granted on the basis that the applicant had demonstrated a genuine and significant impact from the pandemic that justified the relief sought.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established