TMC Australia Pty Ltd

Case •

[2024] FWCFB 223

•

22 APRIL 2024
[2024] FWCFB 223 [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 instrument

TMC Australia Pty Ltd

(AG2023/4851)

TMC AUSTRALIA PTY LTD COLLECTIVE AGREEMENT (2006)

Gardening services industry

DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
COMMISSIONER ALLISON

SYDNEY, 22 APRIL 2024

  1. TMC Australia Pty Ltd has applied pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) to extend the TMC Australia Pty Ltd Collective Agreement (2006) (the Agreement).

  1. 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.

  1. 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 under subitem (6)(a) where bargaining for a replacement agreement is made.

  1. 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 30 June 2024 is sufficient time for a replacement agreement to be made and approved.

  1. 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 30 June 2024.

  1. 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

<AC301471  PR773802>

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