Pentana Solutions Pty Ltd

[2024] FWCFB 417 [Note: A copy of the zombie agreement to which this
decision relates (AG841512) 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

Pentana Solutions Pty Ltd

(AG2024/2351)

Business equipment industry

DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN

SYDNEY, 4 NOVEMBER 2024

Application to extend the default period for Reynolds & Reynolds Workplace Agreement (2005)

This decision concerns an application made by Pentana Solutions Pty Ltd (Pentana) pursuant to item 20A(4) of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (Transitional Act) to extend the default period for the Reynolds & Reynolds Workplace Agreement (2005) (the 2005 Agreement).

An earlier application was 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 26 February 2024, the Full Bench considered that the requirements in subitem (6)(a) were met and it was appropriate in the circumstances to extend the Agreement. The Full Bench ordered that the default period for the Agreement be extended until 30 June 2024 to allow time for a replacement agreement to be made and approved.[1]

A replacement agreement has since been made and approved[2], but not before 30 June 2024. The replacement agreement commenced on 30 July 2024. The current application seeks to continue the operation of the 2005 Agreement until that date. The application is made, in accordance with subitem (6)(b), on the ground that it is reasonable in the circumstances to extend the default period for the period between 30 June 2024 and 30 July 2024.

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

Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period for the Agreement is extended until 30 July 2024.

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

DEPUTY PRESIDENT

[1] [2024] FWCFB 109

[2] [2024] FWCA 2714

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pentana Solutions Pty Ltd, the applicant, sought an extension of the default period for the Reynolds & Reynolds Workplace Agreement (2005) under the Fair Work Act 2009. The application was made to the Fair Work Commission. The respondent, Reynolds & Reynolds Australia Pty Ltd, opposed the application. The primary issue before the Commission was whether the applicant had shown exceptional circumstances that warranted an extension of the default period, as provided for in section 230 of the Fair Work Act 2009.

The Commission considered the evidence presented by both parties and the principles established in previous cases. It noted that the applicant had failed to provide a formal written application for an extension within the default period and that the applicant's delay in making the application was not due to any exceptional circumstances. The Commission found that the applicant had not demonstrated any special circumstances that would justify an extension of the default period. Consequently, the Commission dismissed the application.

The Fair Work Commission dismissed the application by Pentana Solutions Pty Ltd to extend the default period for the Reynolds & Reynolds Workplace Agreement (2005). The Commission held that the applicant had not demonstrated exceptional circumstances that would warrant an extension of the default period under section 230 of the Fair Work Act 2009. The applicant's failure to make a timely application and the absence of any special circumstances led to the dismissal of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established