Somerville Community Services
[2023] FWCFB 310
•15 JULY 2024
| [2023] FWCFB 310 [Note: A copy of the zombie agreement to which this decision relates (AC320754) 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
Somerville Community Services
(AG2024/806)
SOMMERVILLE COMMUNITY SERVICES INC EMPLOYEE COLLECTIVE AGREEMENT 2008
| Health and welfare services | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 15 JULY 2024 |
Application to extend the default period for the Somerville Community Services Inc Employee Collective Agreement 2008.
Somerville Community Services Inc (Somerville) has applied, pursuant to item 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act2009 (Cth) (Transitional Act), to extend the default period for the Somerville Community Services Inc Employee Collective Agreement 2008 (Agreement). The Agreement was approved in accordance with s.170LT of the Workplace Relations Act 1996. It is an agreement-based transitional instrument to which item 20A applies.
Somerville lodged an earlier application pursuant to item 20A(4) of Sch 3 to the Transitional Act to extend the default period of the Agreement (the First Application). In a decision issued on 9 November 2023 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 by 4 months until 6 April 2024 to allow time for the parties to finalise a replacement enterprise agreement.[1]
The current application seeks to extend the Agreement until 30 September 2024. The application was made, in accordance with subitem (6)(a), 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 United Workers’ Union and the Australian Services Union are both bargaining representatives in the negotiations for a replacement agreement and they both support the extension submitting that the continuation of the Agreement will assist the parties to continue to bargain in good faith towards finalising the replacement agreement. Somerville has provided a chronology of meetings and steps involved in finalising bargaining. The unions indicate that they have been provided with a final draft of the proposed agreement and expect that a vote of employees seeking their approval will occur in the near future.
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. We note that the parties are close to finalising a replacement agreement and propose to grant the extension as sought.
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 30 September 2024.
The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website.
DEPUTY PRESIDENT
[1] [2023] FWCFB 208.
Printed by authority of the Commonwealth Government Printer
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