Red Energy Pty Limited
[2024] FWCFB 214
•16 APRIL 2024
| [2024] FWCFB 214 [Note: A copy of the zombie agreement to which this decision relates (AC324556AC324122) 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
Red Energy Pty Limited
(AG2023/4963 and 4964)
| Wholesale and retail trade industry | |
|
COMMISSIONER CRAWFORD COMMISSIONER PERICA | SYDNEY, 16 APRIL 2024 |
Application to extend the default period for the Field Sales Collective Agreement 2009 and the Operations Employee Collective Agreement 2009
Introduction
Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, Red Energy Pty Limited applied to extend the default period for the Field Sales Collective Agreement 2009 (AC324556) and the Operations Employee Collective Agreement 2009 (AC324122) (the Agreements).
The Agreements would have terminated in accordance with subitem 20A(1) on 6 December 2023 save that applications under subitem 20A(4) to extend the Agreement have been made. The Agreements continued pending our decision in those applications.
Subitem 20A(6)(b), allows the Commission to extend on the ground that it is reasonable in the circumstances to do so. The circumstances here are that since the applications were made, an enterprise agreement has been approved by the Commission under the Fair Work Act 2009 which covers the same, or substantially the same, group of employees as are covered by the Agreements.[1]
The replacement agreement commenced operation on 3 April 2024. The purpose of the extension is to ensure the Agreements continued to apply for the period between the termination date of 6 December 2023 in subitem 20A(1) up until the replacement enterprise agreement commenced.
We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the default period for the Agreements.
Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period for the Agreements are extended until 7 days after the approval decision of the new replacement agreement to 3 April 2024.
The Agreements are published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website and can be accessed through the hyperlinks in Schedule 1 to this decision.
DEPUTY PRESIDENT
Schedule 1
| Enterprise Agreement Name | Publication ID |
| Field Sales Employee Collective Agreement 2009 | AC324556 |
| Operations Employee Collective Agreement 2009 | AC324122 |
[1] [2024] FWCA 1087.
Printed by authority of the Commonwealth Government Printer
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