Kiama Community College Ltd

Case

[2024] FWCFB 324

31 JULY 2024


[2024] FWCFB 324

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 7, Item 30(4) - Application to extend default period for enterprise agreements made during the bridging period

Kiama Community College Ltd

(AG2024/2686)

KIAMA COMMUNITY COLLEGE COLLECTIVE AGREEMENT 2009-2013

Educational services

DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN

SYDNEY, 31 JULY 2024

Application to extend default period for Kiama Community College Collective Agreement 2009-2013

  1. Kiama Community College Ltd applies pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (Transitional Act), to extend the Kiama Community College Collective Agreement 2009-2013 (the Agreement).

  1. The application is made in accordance with subitem 20A(6)(a) on the grounds 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.

  1. An earlier application seeking to extend the default period of the Agreement was granted, extending the default period to 6 August 2024[1]. The Applicant seeks a further extension to allow a replacement agreement to be finalised. The extension sought is until 31 October 2024. The parties to the proposed replacement agreement have sought the assistance of the Commission through the collaborative approaches program and are confident an agreement will be finalised and approved by the Commission by 31 October 2024.

  1. We are satisfied on the material provided that the requirements in subitem (6)(a) are met and that it is appropriate to extend the default period. The applicant has commenced bargaining for a replacement agreement and we consider that an extension until 31 October 2024 is sufficient time for a replacement agreement to be made and approved.  

  1. 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 31 October 2024.  

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


DEPUTY PRESIDENT


[1] [2024] FWCFB 194

Printed by authority of the Commonwealth Government Printer

<AC325292  PR777730>

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