Penrith Rugby League Club Ltd and Penrith District Rugby League Football Club T/A Panthers Group

[2024] FWCFB 5

[2024] FWCFB 5

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 agreements made during the bridging period

Penrith Rugby League Club Ltd and Penrith District Rugby League Football Club T/A Panthers Group

(AG2023/3545)

Licensed and registered clubs

DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN  SYDNEY, 12 JANUARY 2024

Application to extend the default period for the Penrith Rugby League Club Limited / Penrith District Rugby League Football Club - Employee Enterprise Agreement 2009 - 2012

1. An application has been made by the Penrith Rugby League Club Ltd and Penrith District Rugby League Football Club (Applicant) pursuant to subitem 30(6) of Sch 7 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) to extend the default period for the Penrith Rugby League Club Limited / Penrith District Rugby League Football Club – Employee Enterprise Agreement 2009-12 (the Agreement).

1. The application is made in accordance with subitem 30(6)(a) on the ground that the subitem (8) of Sch 7 applies and it is otherwise appropriate in the circumstances to extend the default period. The Applicant also contends that it is reasonable in the circumstances to extend the default period in accordance with subitem 30(6)(b). We have decided to determine this matter by reference to subitem 30(6)(a).

1. For the purposes of subitem 30(6)(a), subitem (8) applies if it is likely that, as at the time the application is made, the award covered employees for the agreement under subitem (9), viewed as a group, would be better off overall if the agreement applied to the employees than if the relevant modern award or awards referred to in that subitem applied to the employees.

1. We are satisfied on the material provided that the requirements in subitem (6)(a) are met and that it is otherwise appropriate to extend the default period. Having regard to the material filed, we consider that an extension until the end of August 2024 is an appropriate period for an extension. We also note that the Applicant has indicated that consideration is being given to the negotiation of a new agreement for the workplace. Taking into account the nature and size of the Applicant’s operations we consider that an extension of this duration would allow sufficient time for a replacement agreement to be made and approved.

1. Pursuant to item 30(6) of Sch 7 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), we order that the default period for the Agreement, is extended until 31 August 2024.

1. The Agreement is published, in accordance with subitem (9A) of Sch 7, on the Fair Work Commission’s website.

DEPUTY PRESIDENT

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