Link MS Services Pty Limited

[2024] FWCFB 216

[2024] FWCFB 216 [Note: A copy of the zombie agreement to which this decision relates (AC324242) 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 instrument

Link MS Services Pty Limited

(AG2023/4833)

LINK MS COLLECTIVE AGREEMENT 2009
Clerical industry
DEPUTY PRESIDENT ROBERTS DEPUTY PRESIDENT SLEVIN COMMISSIONER CRAWFORD	SYDNEY, 19 APRIL 2024

Application to extend the default period for the Link MS Collective Agreement 2009

Introduction

1. Link MS Services Pty Limited has applied pursuant subitem 30(4) of Sch 7 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (Transitional Act), to extend the Link MS Collective Agreement 2009 (the Agreement). Sch 7 applies to enterprise agreements made during the bridging period. However, the Agreement was made before the bridging period and is a collective agreement-based transitional instrument and item 20A of Sch 3 applies.

1. We will consider the application as if it was made under made under subitem 20A(4) of Sch 3. Under subitem 20A(1) the Agreement was to terminate on 6 December 2023.

1. The application is made 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 appropriate to do so. The application was made after the notification time for the proposed enterprise agreement.

1. 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. 

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 6 June 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 6 June 2024.

1. 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

<AC324242 PR773712>