Kiama Community College Ltd
[2024] FWCFB 194
•28 MARCH 2024
| [2024] FWCFB 194 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 20A(4) - Application to extend default period for enterprise agreements
Kiama Community College Ltd
(AG2023/4218)
| Educational services | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 28 MARCH 2024 |
Application to extend the default period for the Kiama Community College Collective Agreement 2009 - 2014
Kiama Community College has applied to extend the default period for the Kiama Community College Collective Agreement 2009-2014 (the Agreement) pursuant to subitem 30(4) of Sch 7 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the Transitional Act).
The Agreement was made in 2009 and approved under the Workplace Relations Act 1996 (Cth) (WR Act) and is a ‘WR Act Instrument’ within the meaning of item 2(2) of Sch. 3 to the Transitional Act. We have therefore taken the application to have been made under subitem 20A(4) of Sch 3.
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 appropriate to do so. The application was made after the notification time for the proposed enterprise agreement.
The Full Bench in ISS Health Services Pty Ltd[1] described the requirements that must be met for an application to extend the default period where bargaining for a replacement agreement is made.
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 6 August 2024 is sufficient time for a replacement agreement to be made and approved.
Pursuant to item 20A(6) of Sch 3 to the Transitional Act, we order that the default period for the Agreement is extended until 6 August 2024.
The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website.
DEPUTY PRESIDENT
[1] [2023] FWCFB 122
Printed by authority of the Commonwealth Government Printer
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