The Parkside Foundation Pty Ltd T/A Parkside Foundation
[2024] FWCFB 116
•28 FEBRUARY 2024
| [2024] FWCFB 116 |
| 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
(AG2023/4008 and AG2023/4287)
THE PARKSIDE FOUNDATION SUPPORT WORKERS COLLECTIVE AGREEMENT 2009
[AC325305]
THE PARKSIDE FOUNDATION MANAGERS AND COORDINATORS COLLECTIVE AGREEMENT 2009
[AC325181]
| Health and welfare services | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 28 FEBRUARY 2024 |
Application to extend the default period for The Parkside Support Workers Collective Agreement 2009 and The Parkside Foundation Managers and Coordinators Collective Agreement 2009
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 period for the The Parkside Support Workers Collective Agreement 2009 and The Parkside Foundation Managers and Coordinators Collective Agreement 2009 (the Agreements).
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 Agreements and that it is appropriate to do so. The application was made after the notification time for the proposed enterprise agreement.
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 relied upon.
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 6 April 2024 is sufficient time for a replacement agreement to be made and approved.
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 6 April 2024.
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
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