Justice Connect
[2024] FWCFB 325
•31 JULY 2024
| [2024] FWCFB 325 |
| 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
(AG2024/1930)
PILCH STAFF AGREEMENT 2008
| Technical services | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 31 JULY 2024 |
Application to extend the default period for the PILCH Staff Agreement 2008
Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), Justice Connect has applied to extend the default period for the PILCH Staff Agreement 2008 (the Agreement).
The application is made in accordance with subitem 20A(6)(a) 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 otherwise appropriate to do so.
An earlier application seeking to extend the default period of the Agreement was granted extending the default period to 6 June 2024[1]. The Applicant seeks a further extension to allow a replacement agreement to be finalised. The extension sought is until 6 October 2024 to allow the parties to finalise an agreement.
We note the observation of the Full Bench in Application by Australian Municipal, Administrative, Clerical and Services Union [2024] FWCFB 271[2] that the Commission will be reluctant to extend an Agreement in circumstances where the parties have failed to meet a stated objective of finalising an agreement in a specified timeframe.
The Applicant explains that it has made substantial progress in bargaining for a replacement agreement but further time is required to conclude the bargaining, finalise the proposed enterprise agreement and prepare employees to vote. It currently anticipates that it will be in a position to hold the vote in early August, once it has explained the terms of the agreement and their effect to employees. The Applicant also submits that the Commission can be satisfied that employees are better off overall under the Agreement than the Social, Community, Home Care and Disability Services Industry Award 2020 (SCHADS Award) which is the award that would apply if the Agreement terminated. The Australian Municipal, Administrative, Clerical and Services Union is a bargaining representative for the replacement agreement and supports the application.
We are satisfied on the material provided that the requirements in subitem (6)(a) are met. The Applicant is continuing to bargain for a replacement agreement and the employees are represented in the bargaining by their union. We consider that an extension until 6 October 2024 is sufficient time for a replacement agreement to be finalised and approved.
Pursuant to item 20A(6) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), we order that the default period for the Agreement is extended until 6 October 2024.
The Agreement is published, in accordance with subitem 20A(10A), on the Fair Work Commission’s website.
DEPUTY PRESIDENT
[1] [2024] FWCFB 53
[2] [2024] FWCFB 271
Printed by authority of the Commonwealth Government Printer
<AC317773 PR777731>
0
1
0