Royal Rehab (formerly known as Royal Rehabilitation Centre Sydney)
[2025] FWCFB 11
•15 JANUARY 2025
| [2025] FWCFB 11 [Note: A copy of the zombie agreement to which this decision relates (AE874493, AE874495, AE874496 and AE880577) 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
Royal Rehab (formerly known as Royal Rehabilitation Centre Sydney)
(AG2024/4807)
NAMED NSW (NON- DECLARED) AFFILIATED HEALTH ORGANISATIONS' MEDICAL OFFICER AGREEMENT
THE NSW (NON-DECLARED) AFFILIATED HEALTH ORGANISATIONS' HEALTH EMPLOYEES AGREEMENT
THE NAMED NSW (NON-DECLARED) AFFILIATED HEALTH ORGANISATIONS' PROFESSIONAL AND ASSOCIATED STAFF AGREEMENT
THE NSW (NON-DECLARED) AFFILIATED HEALTH ORGANISATIONS' STAFF SPECIALIST AGREEMENT 2009
| Health and welfare services | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 15 JANUARY 2025 |
Application to extend the default period for the Named NSW (Non-Declared) Affiliated Health Organisations' Medical Officer Agreement, the NSW (Non-Declared) Affiliated Health Organisations' Health Employees Agreement, the Named NSW (Non-Declared) Affiliated Health Organisations' Professional and Associated Staff Agreement and the NSW (Non-Declared) Affiliated Health Organisations' Staff Specialist Agreement 2009
Royal Rehab (formerly known as Royal Rehabilitation Centre Sydney) has applied pursuant to subitem 30(4) of Sch 7 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the Transitional Act), to extend the default periods for four agreements; Named NSW (Non-Declared) Affiliated Health Organisations' Medical Officer Agreement (AE874493), the NSW (Non-Declared) Affiliated Health Organisations' Health Employees Agreement (AE874495), the Named NSW (Non-Declared) Affiliated Health Organisations' Professional and Associated Staff Agreement (AE874496) and the NSW (Non-Declared) Affiliated Health Organisations' Staff Specialist Agreement 2009 (AE880577) (the Agreements).
An earlier application was made pursuant to 20A(4) of Sch 3 to the Transitional Act to extend the default periods of the Agreements. In a decision issued on 9 April 2024 the Full Bench considered that as the Applicant was engaged in bargaining for a replacement agreement, the requirements in subitem (6)(a) were met and it was appropriate in the circumstances to extend the Agreements.[1]
A replacement agreement that will cover the employees currently covered by the Agreements has been made and an application has been lodged with the Commission pursuant to s. 185 of the Fair Work Act 2009 (FW Act) seeking the approval of that agreement. The current application seeks to extend the Agreements while the application for the replacement agreement is considered. 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. At the time the current application was made the replacement agreement had not yet been approved by the Commission.
We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the default period for the Agreements. We will extend the Agreements until 14 March 2025. Should the replacement agreement be approved the Agreements will be replaced by that agreement. If the approval application is unsuccessful the Agreements will terminate on 14 March 2025 and the relevant modern award will apply.
Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period for each of the Agreements is extended until 14 March 2025
[7] The Agreements are published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website.
DEPUTY PRESIDENT
[1] [2024] FWCFB 203
Printed by authority of the Commonwealth Government Printer
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