The Trustee for SEBIRE FAMILY TRUST
[2025] FWCFB 22
•5 FEBRUARY 2025
| [2025] FWCFB 22 |
| 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 Trustee for SEBIRE FAMILY TRUST
(AG2024/4730)
LINCARA PTY LTD WORKPLACE AGREEMENT 2009
Horticultural Industry
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 5 FEBRUARY 2025 |
Application to extend the default period for the Lincara Pty Ltd Workplace Agreement 2009
The Trustee for SEBIRE FAMILY TRUST trading as Lincara Pty Ltd (the Applicant) has applied pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the Transitional Act) to extend the default period for the Lincara Pty Ltd Workplace Agreement 2009 (the Agreement). The application was made on 29 November 2024. There was no earlier application to extend the Agreement.
The Transitional Act was amended by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (SJBP Act) to provide for the automatic termination of all transitional instruments. Item 20A of Sch 3 applies to transitional instruments. Such agreements were described in the SJBP Act as ‘zombie’ agreements.
Pursuant to items 20A(1) and (2) of sch 3, zombie agreements ceased to operate on 6 December 2023 (the end of the default period) unless extended by the Commission. The main features of item 20A of Schedule 3 to the Transitional Act are described in detail in the Full Bench decision in Suncoast Scaffold Pty Ltd[1].
As applications to extend the default period under item 20A(4) could only be made before the end of the default period and no application was made before the end of the default period that applied to this Agreement, being 6 December 2023, the Agreement has already ceased to operate. The Transitional Act makes no provision for the extension of time for filing such applications and there are no other provisions that permit the reviving of zombie agreements once they have terminated. Consequently, we are unable to grant the application.
The application is dismissed.
DEPUTY PRESIDENT
[1] [2023] FWCFB 105 at [3] to [18]
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