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Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional
instruments
Mittagong Day & Night Pharmacy
(AG2023/5141)
COMMUNITY PHARMACY MULTIPLE BUSINESS AGREEMENT
(NEW SOUTH WALES)
Pharmacy operations
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
COMMISSIONER ALLISON
SYDNEY, 28 FEBRUARY 2024
Application to extend the default period for Community Pharmacy Multiple Business
Agreement (New South Wales)
[1] Pursuant to item 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth) (the Transitional Act), Mittagong Day & Night
Pharmacy (the Applicant) has applied to extend the default period for the Community
Pharmacy Multiple Business Agreement (New South Wales) (the Agreement).
[2] Item 20A of Sch 3 to the Transitional Act provides for the automatic sunsetting of
agreement-based transitional instruments by the end of the default period on 6 December 2023,
subject to the capacity to apply to the Commission for an extension of that period for up to four
years in prescribed circumstances.
[3] Subitem 20A(4) permits an employer covered by the agreement, an employee covered
by the agreement, or an industrial association entitled to represent an employee covered by the
agreement to make application to extent the agreement. The application must be made before
the end of the grace period.
[4] The grace period is defined in the subitem 20A(2) as the period of 12 months beginning
on the day Part 13 of Schedule 1 to the Fair Work Legislation Amendment (Secure Jobs, Better
Pay) Act 2022 (SJBP) commences. Part 13 of Schedule 1 to the SJBP Act commenced on 6
December 2022. Consequently, applications under subitem 20A of the Transitional Act could
only be made up until the end of 6 December 2023. There is no provision that permits the
Commission to extend the time for the making of such applications.
[2024] FWCFB 120
DECISION
AUSTRALIA FairWork Commission
[2024] FWCFB 120
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[5] The current application was made on 13 December 2024 which is after the end of the
grace period. In those circumstances the application is out of time and the Commission has no
jurisdiction to deal with it.
[6] The application is dismissed.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AC326059 PR771936
OF THE FAIR WORK L MISSION THE SEA
