Mini Movers Pty Ltd T/A Mini Movers

[2024] FWCFB 161

[2024] FWCFB 161 Note: A copy of the zombie agreement to which this decision relates (AC309666) is available on our website.]

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 agreement made during bridging period

Mini Movers Pty Ltd T/A Mini Movers

(AG2023/3937)

MINIMOVERS PTY LTD QUEENSLAND OPERATORS COLLECTIVE AGREEMENT 2007

Road Transport Industry

DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS  
DEPUTY PRESIDENT SLEVIN SYDNEY, 11 MARCH 2024

Application to extend the default period for the MiniMovers Pty Ltd Queensland Operators Collective Agreement 2007

1. Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional  Provisions  and Consequential  Amendments)  Act  2009, Mini Movers Pty Ltd T/A Mini Movers has applied  to extend the  default  period  for the MiniMovers Pty Ltd Queensland Operators Collective Agreement 2007 (the Agreement). Under subitem 20A(1) the Agreement was to terminate on 6 December 2023.

1. The application was made, in accordance with subitem (6)(a), on the grounds that subitem (9) applied. However since making the application, the Applicant has negotiated a replacement agreement with its employees.

1. The Commission has recently approved the replacement agreement.[1] The purpose of the extension is to ensure the Agreement continued to apply until the replacement enterprise agreement was approved.

1. We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the default period for the Agreement in these circumstances.

1. Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period for the Agreement is extended until 14 February 2024 which is 7 days after the approval decision of the new replacement agreement.

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

DEPUTY PRESIDENT

[1] [2024] FWCA 547.

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