Rain Bird (Australia) Pty Ltd T/A Rain Bird Australia

[2024] FWCFB 177

[2024] FWCFB 177

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

Rain Bird (Australia) Pty Ltd T/A Rain Bird Australia

(AG2023/4912)

RAIN BIRD COLLECTIVE AGREEMENT 2009

Manufacturing and associated industries
DEPUTY PRESIDENT GRAYSON COMMISSIONER LIM COMMISSIONER THORNTON	SYDNEY, 21 MARCH 2024

Application to extend the default period for a zombie agreement

1. On 5 December 2023, Rain Bird (Australia) Pty Ltd (Applicant) made an application under 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 Rain Bird Collective Agreement 2009  (Agreement).The Agreement is an agreement-based transitional instrument to which Schedule 3 applies, since it was made as a collective workplace agreement under the Workplace Relations Act 1996 (Cth). The application seeks to extend the default period to 30 June 2024.

1. The application is made in accordance with subitem 20A(6)(a) of the Transitional Act on the ground that bargaining is occurring for a proposed enterprise agreement that will cover the same or substantially the same group of employees as are covered by the Agreement and that it is appropriate to do so. The application was made after the notification time for the proposed enterprise agreement.

1. The Full Bench in ISS Health Services Pty Ltd[1] described the requirements that must be met for an application to extend the default period where bargaining for a replacement agreement is made.

1. We are satisfied on the material provided that the requirements in subitem (7) are met and that it is appropriate to extend the default period. The Applicant has commenced bargaining for a replacement agreement. The Applicant has sought an extension until 30 June 2024. The Applicant has submitted that if the Commission were to extend the default period of the Agreement to 30 June 2024, they will be able to complete bargaining, consultation and implementation of a replacement agreement. We have considered the information and submissions filed by the Applicant in support of that contention and consider that an extension until 30 June 2024 is sufficient time for a replacement agreement to be made and approved.

1. Pursuant to item 20A(6) of Schedule 3 of the Transitional Act, we order that the default period for the Agreement is extended until 30 June 2024.

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

DEPUTY PRESIDENT

[1] [2023] FWCFB 122 at [4]

Printed by authority of the Commonwealth Government Printer

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