Pentana Solutions Pty Ltd
[2024] FWCFB 417
•4 NOVEMBER 2024
| [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 | 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
<AG841512 PR780908>
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