SSUT Pty Ltd T/A East End Hotel

[2024] FWCFB 286

[2024] FWCFB 286 [Note: A copy of the zombie agreement to which this decision relates (AG540005) and is available on our website.]  

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3A, Item 26A(4) - Application to extend default period for Division 2B State employment agreements

SSUT Pty Ltd T/A East End Hotel

(AG2024/1093)

EAST END HOTEL CERTIFIED AGREEMENT 2002

Hospitality industry

DEPUTY PRESIDENT WRIGHT

DEPUTY PRESIDENT SLEVIN

COMMISSIONER CRAWFORD

SYDNEY, 11 JUNE 2024

Application to extend the default period for East End Hotel Certified Agreement 2002

1. SSUT Pty Ltd (Applicant) has applied under item 26A(4) of Schedule 3A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act) to extend the default period for the East End Hotel Certified Agreement 2002 (Agreement).

1. The Applicant lodged an earlier application on 6 December 2023 pursuant to 26A(4) of Sch 3A to the Transitional Act to extend the default period of the Agreement. In a decision issued on 14 March 2024 the Full Bench considered that the requirements in subitem (6)(b) 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 until 6 April 2024 to allow time for a replacement agreement to be made and approved.[1]

1. The current application lodged on 5 April 2024 seeks to extend the agreement until 20 May 2024. The application was made, in accordance with subitem (6)(b), on the ground that it is reasonable in the circumstances to extend the default period in circumstances where an enterprise agreement has been made that covers the same employees covered by the Agreement and an application has been made to have the replacement agreement approved by the Commission under the Fair Work Act 2009. An application to approve the replacement agreement was lodged with the Commission on 4 April 2024. At the time the current application was made the replacement agreement had not yet been approved by the Commission. 

1. The Commission has since approved the replacement agreement.[2] The replacement agreement commenced operation on 29 May 2024. The purpose of the extension is to ensure the Agreement continued to apply for the period between the extended date of 6 April 2024 up until the replacement enterprise agreement commenced. 

1. We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the default period for the Agreement.

1. Pursuant to item 26A(6)(a) of Sch 3A to the Transitional Act, we order that the default period for the Agreement is extended until 29 April 2024. 

1. The Agreement is published, in accordance with subitem 26A(10A)(c) of Sch 3A, as an annexure to this decision.

DEPUTY PRESIDENT

[1] [2024] FWCFB 130.

[2] [2024] FWCA 1497.

Printed by authority of the Commonwealth Government Printer

<AG540005 PR775865>