Mini Movers Pty Ltd T/A Mini Movers

[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

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.

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.

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.

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.

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

DEPUTY PRESIDENT

[1] [2024] FWCA 547.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mini Movers Pty Ltd T/A Mini Movers is a transport company involved in a dispute regarding the extension of the default period for the MiniMovers Pty Ltd Queensland Operators Collective Agreement 2007. The application was heard by the Fair Work Commission (FWC), a body responsible for resolving workplace disputes and overseeing industrial relations matters in Australia.

The primary legal issue the FWC addressed was whether the default period for the collective agreement should be extended, considering the arguments presented by both Mini Movers and the union representing the employees. The union argued that the extension was necessary due to various factors impacting the employees' ability to negotiate effectively, while Mini Movers opposed the extension, asserting that it would be detrimental to their business operations.

The FWC carefully considered the evidence and arguments from both parties. It found that the union had not adequately demonstrated that the employees were unable to negotiate effectively due to the circumstances presented. The FWC also noted that the extension of the default period could potentially lead to instability in the workplace and disrupt the negotiation process. Based on these considerations, the FWC decided not to extend the default period for the MiniMovers Pty Ltd Queensland Operators Collective Agreement 2007.

As a result, the application by Mini Movers Pty Ltd T/A Mini Movers to extend the default period was dismissed. The FWC's decision highlights the importance of providing compelling evidence to support claims for extending default periods in collective agreements and the potential consequences of such extensions on the overall negotiation process and workplace stability.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established