The Parkside Foundation Pty Ltd T/A Parkside Foundation

[2024] FWCFB 284

[2024] FWCFB 284 [Note: A copy of the zombie agreements to which this decision relate (AC325305 and AC325181) 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

The Parkside Foundation Pty Ltd T/A Parkside Foundation

(AG2024/1045 and AG2024/1046)

THE PARKSIDE FOUNDATION SUPPORT WORKERS COLLECTIVE AGREEMENT 2009

THE PARKSIDE FOUNDATION MANAGERS AND COORDINATORS COLLECTIVE AGREEMENT 2009

Health and welfare services
DEPUTY PRESIDENT WRIGHT DEPUTY PRESIDENT SLEVIN       COMMISSIONER CRAWFORD	SYDNEY, 11 JUNE 2024

Application to extend the default periods for The Parkside Foundation Support Workers Collective Agreement 2009 and The Parkside Foundation Managers and Coordinators Collective Agreement 2009

1. Pursuant to subitem 20A(4) of Sch 3 to the Fair  Work  (Transitional  Provisions  and Consequential  Amendments)  Act  2009 (Cth), the Parkside Foundation Pty Ltd T/A Parkside Foundation has applied to extend the default periods for the The Parkside Foundation Support Workers Collective Agreement 2009 (AC325305) and The Parkside Foundation Managers and Coordinators Collective Agreement 2009 (AC325181) (the Agreements).

1. The Applicant lodged earlier applications in November 2023 pursuant to 20A(4) of Sch 3 to the Transitional Act to extend the default periods of the Agreements. In a decision issued on 28 February 2024 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 until 6 April 2024 to allow time for a replacement agreement to be made and approved.[1]

1. The current applications lodged on 2 April 2024 seek to extend the Agreements until 6 December 2024. The applications were made, in accordance with subitem (6)(b), on the ground that it is reasonable in the circumstances to extend the default periods 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 agreement which was proposed to replace both zombie agreements was lodged with the Commission on 8 April 2024. At the time the current applications were 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 23 May 2024. The purpose of this further 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 periods for the Agreements.

1. Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default periods for the Agreements are extended until 23 May 2024.

[7] The Agreements are published, in accordance with subitem 20A(10A)(c), on  the  Fair Work Commission’s website.

DEPUTY PRESIDENT

[1] [2024] FWCFB 116.

[2] [2024] FWCA 1798.

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