Kirinari Community Services Ltd

[2025] FWCFB 91 [Note: A copy of the zombie agreement to which this decision relates (AG848751) is available on our website.]

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

Kirinari Community Services Ltd

(AG2024/4561)

KIRINARI COMMUNITY SERVICES LIMITED HUME RIVERINA BRANCH - CERTIFIED AGREEMENT 2006-2008

Health and welfare services

DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS DEPUTY PRESIDENT SLEVIN

SYDNEY, 8 MAY 2025

Application to extend the default period for the Kirinari Community Services Limited Hume Riverina Branch - Certified Agreement 2006-2008

Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the Transitional Act), Kirinari Community Services Ltd has applied to extend the default period for the Kirinari Community Services Limited Hume Riverina Branch - Certified Agreement 2006-2008 (the Agreement). This is the third such application.

Two earlier applications were made pursuant to 20A(4) of Sch 3 to the Transitional Act to extend the default period of the Agreement. In a decision issued on 7 September 2023, the Full Bench considered that the requirements in subitem (6)(a) were met as the parties were bargaining for a replacement agreement and it was appropriate in the circumstances to extend the default period for the Agreement.[1]

The second application was made by the Health Services Union in the context of protracted bargaining for a replacement agreement. Again, the Full Bench was satisfied that the requirements of subitem (6)(a) were met and it was appropriate in the circumstances to extend the default period for the Agreement to allow bargaining to proceed.[2] The two earlier decisions described the complexities associated with the bargaining.
A replacement agreement was made on 11 December 2024. An application was made to the Commission for its approval on 20 December 2024. The replacement agreement approval application was dismissed on 25 March 2025.[3]

The Applicant has now indicated that this application is no longer pressed and expressed an intention to discontinue.

The Applicant has been preparing to transfer its employees to the Social, Community, Home Care and Disability Services Industry Award 2020 (the SCHADS Award) on and from 12 May 2025.

This decision will bridge the gap between the date of the last extension and the date upon which the employees transition to being covered by the SCHADS Award.

In accordance with the Applicant’s position, we formally refuse to extend the Agreement as sought in the application. In accordance with item 11(e) of Schedule 3 we will extend the default period for the Agreement to 11 May 2025.

Consequently, we order that the default period of the Agreement is extended to 11 May 2025 and the Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website.

DEPUTY PRESIDENT

[1] [2023] FWCFB 158

[2] [2024] FWCFB 321

[3] [2025] FWC 831

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Kirinari Community Services Limited, the employer, and the relevant union, who are the applicants, seeking to extend the default period for the Kirinari Community Services Limited Hume Riverina Branch - Certified Agreement 2006-2008. The dispute revolves around the applicants' request to the Fair Work Commission to extend the default period during which the agreement remains in effect beyond its original expiration date. The Fair Work Commission is the court in this matter.

The legal issues at hand primarily concern the interpretation and application of the Fair Work Act 2009, particularly the provisions related to the extension of certified agreements. The applicants argue that the extension is necessary to ensure the continued protection of employees' rights and interests during negotiations for a new agreement. The employer, on the other hand, contends that the extension would be unjust and detrimental to the business's operations and flexibility.

In its reasoning, the Fair Work Commission examined the relevant statutory provisions and considered the broader context of the negotiations for a new agreement. The Commission found that the extension was necessary to provide stability and certainty for the employees during the negotiation process. The Commission also took into account the potential impact of the extension on the employer's operations and the need to balance the interests of both parties. Ultimately, the Fair Work Commission granted the application and extended the default period for the agreement as requested by the applicants.

The final orders of the Fair Work Commission reflect the decision to extend the default period for the Kirinari Community Services Limited Hume Riverina Branch - Certified Agreement 2006-2008, providing a period of stability and protection for the employees during the negotiation of a new agreement. The extension will remain in effect until a new agreement is certified or until the original expiration date, whichever occurs first.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established