TMC Australia Pty Ltd
[2024] FWCFB 421
•8 NOVEMBER 2024
| [2024] FWCFB 421 [Note: A copy of the zombie agreement to which this decision relates (AC301471) 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
TMC Australia Pty Ltd
(AG2024/2390)
TMC AUSTRALIA PTY LTD COLLECTIVE AGREEMENT (2006)
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 8 NOVEMBER 2024 |
Application to extend the default period for the TMC Australia Pty Ltd Collective Agreement (2006)
TMC Australia 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 TMC Australia Pty Ltd Collective Agreement (2006)[1] (the Agreement).
A previous application was made on 5 December 2023 and an extension to the default period was ordered to 30 June 2024.[2] The extension was granted as bargaining was occurring and it was anticipated that a replacement agreement would be made and approved by then. The bargaining did not conclude by that date.
A replacement agreement has now been made and approved. The application to approve the replacement agreement was lodged with the Commission on 9 September 2024. On 31 October 2024 the Commission approved the replacement agreement. The TMC Australia Pty Ltd Enterprise Agreement 2024 will operate from 7 November 2024[3].
As the Agreement is to be replaced by a modern enterprise agreement, we are satisfied that the requirement in subitem (6)(b) is met and it is reasonable to further extend the default period.
Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period for the Agreement is extended to 7 November 2024.
The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website.
DEPUTY PRESIDENT
[1] AC301471
[2] [2024] FWCFB 223
[3] [2024] FWCA 3806
Printed by authority of the Commonwealth Government Printer
<AC301471 PR781051>
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