Timevale Pty Ltd T/A Aussie World and Aussie World Pty Ltd T/A Aussie World

[2024] FWCFB 180

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

Timevale Pty Ltd T/A Aussie World and Aussie World Pty Ltd T/A Aussie World

(AG2023/4798)

AUSSIE WORLD – EMPLOYER COLLECTIVE AGREEMENT 2006-2011

Amusement, events and recreation industry

DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT GRAYSON
COMMISSIONER THORNTON

SYDNEY, 21 MARCH 2024

Application to extend the default period for the Aussie World - Employer Collective Agreement 2006-2011

Timevale Pty Ltd T/A Aussie World and Aussie World Pty Ltd T/A Aussie World have applied pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), to extend the Aussie World - Employer Collective Agreement 2006-2011 (the Agreement).

The application is made in accordance with subitem 20A(6)(a) on the grounds 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 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 made.

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 the bargaining process is advanced. The Commission was notified by the Applicant on 8 March 2024 that a replacement agreement was proceeding to a vote of employees between 17 and 24 March 2024.

We consider that an extension until 6 June 2024 is sufficient time for a replacement agreement to be made and approved, even in the event the current vote is unsuccessful.

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 June 2024.

The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website.

DEPUTY PRESIDENT

[1] [2023] FWCFB 122.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Timevale Pty Ltd T/A Aussie World and Aussie World Pty Ltd T/A Aussie World applied for an extension of the default period for the Aussie World - Employer Collective Agreement 2006-2011. The applicant sought this extension under subitem 20A(4) of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth). The application was made in accordance with subitem 20A(6)(a), on the grounds that bargaining was occurring for a proposed enterprise agreement that would cover the same, or substantially the same, group of employees as those covered by the Agreement.

The legal issues before the Full Bench were whether the application met the requirements under subitem 20A(6)(a) and if it was appropriate to extend the default period. The Full Bench referred to its decision in ISS Health Services Pty Ltd to determine the requirements for such an application. The key considerations included whether bargaining for a replacement agreement had commenced and the extent to which it had advanced. The Commission was also satisfied that the extension period granted would provide sufficient time for the bargaining process to be completed.

The Full Bench found that the requirements for the extension were met as the applicant had commenced bargaining for a replacement agreement and the process was sufficiently advanced. The Commission was notified by the applicant that a vote for the proposed replacement agreement was scheduled between 17 and 24 March 2024. The Full Bench determined that an extension until 6 June 2024 would allow enough time for the replacement agreement to be made and approved, even if the current vote was unsuccessful. Consequently, the Full Bench ordered the extension of the default period until 6 June 2024 and directed that the Agreement be published on the Fair Work Commission’s website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established