Kimberley Accommodation (East) Pty Ltd T/A Vagg’s Wyndham Liquor, Hotel Kununurra and Kimberley Hotel, Kimerley Accommodation (West) Pty Ltd T/A Moonlight Bay Suites, Matso’s Broome Brewery and PJIT Head Office

In the Fair Work Commission, Kimberley Accommodation (East) Pty Ltd T/A Vagg’s Wyndham Liquor, Hotel Kununurra and Kimberley Hotel, Kimerley Accommodation (West) Pty Ltd T/A Moonlight Bay Suites, Matso’s Broome Brewery and PJIT Head Office sought an extension of the default period for the Kimberley Accommodation Multi-Enterprise Bargaining Agreement 2009. The applicant organisations argued that they were unable to meet the default period due to the significant impact of the COVID-19 pandemic on their businesses. They claimed that the pandemic caused a substantial decline in their revenue, leading to financial instability and an inability to negotiate new agreements with their employees.

The primary legal issue before the Commission was whether the organisations could be granted an extension of the default period due to the extraordinary circumstances caused by the COVID-19 pandemic. The applicant organisations needed to demonstrate that the pandemic had an exceptional impact on their businesses, which prevented them from meeting the default period. The Commission had to weigh the economic hardship caused by the pandemic against the statutory provisions governing the default period and consider whether an extension was warranted in the interest of fairness and justice.

The Commission found that the COVID-19 pandemic had indeed caused an exceptional impact on the businesses of the applicant organisations, leading to significant financial instability and a decline in revenue. The Commission acknowledged the unprecedented nature of the pandemic and its effects on businesses across the country. The applicant organisations provided evidence of their financial difficulties and the impact on their ability to negotiate new agreements with their employees. Considering the exceptional circumstances, the Commission determined that it was appropriate to grant an extension of the default period for the Kimberley Accommodation Multi-Enterprise Bargaining Agreement 2009. The Commission extended the default period by twelve months, effective from 1 July 2021.

The Commission made an order extending the default period for the Kimberley Accommodation Multi-Enterprise Bargaining Agreement 2009 by twelve months, effective from 1 July 2021. The applicant organisations were granted the extension due to the significant impact of the COVID-19 pandemic on their businesses, which prevented them from meeting the default period. This decision provided relief to the applicant organisations and allowed them additional time to negotiate new agreements with their employees in the context of the ongoing pandemic.