Skytraders Pty Ltd

Case •

[2024] FWCFB 182

•

21 MARCH 2024
[2024] FWCFB 182

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

Skytraders Pty Ltd

(AG2023/4592)

SKYTRADERS (PILOTS) COLLECTIVE AGREEMENT 2007

Airline operations

DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN      DEPUTY PRESIDENT GRAYSON

SYDNEY, 21 MARCH 2024

Application to extend the default period for the Skytraders (Pilots) Collective Agreement 2007

  1. Pursuant to subitem 20A(4) of Sch 3 to the Fair  Work  (Transitional  Provisions  and Consequential  Amendments)  Act  2009 (Cth), Skytraders Pty Ltd has applied to extend the default period for the Skytraders (Pilots) Collective Agreement 2007 (the Agreement).

  1. The application is made in accordance with subitem 20A(6)(a) on the ground that the 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 (6)(a) are met and that it is appropriate to extend the default period. The applicant has commenced bargaining for a replacement agreement and we consider that an extension until 1 July 2024 is sufficient time for a replacement agreement to be made and approved.

  1. Pursuant to item 20A(6) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), we order that the default period for the Agreement, is extended until 1 July 2024.

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


DEPUTY PRESIDENT


[1] [2023] FWCFB 122

Printed by authority of the Commonwealth Government Printer

<AC310603 PR772628>

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