1
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional
instruments
Hobart City Council
(AG2023/4813; AG2023/4816)
TATTERSALL’S HOBART AQUATIC CENTRE AGREEMENT 2006
[AC300834]
TASMANIAN TRAVEL AND INFORMATION CENTRE ENTERPRISE
AGREEMENT 2009
[AE871556]
Local government administration
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
COMMISSIONER ALLISON
SYDNEY, 15 FEBRUARY 2024
Application to extend the default period for the Tattersall’s Hobart Aquatic Centre Agreement
2006 and the Tasmanian Travel and Information Centre Enterprise Agreement 2009
[1] This decision concerns two applications made by Hobart City Council to extend the
default period of two pre-2010 Agreements – namely the Tattersall’s Hobart Aquatic Centre
Agreement 2006 (Aquatic Agreement) and the Tasmanian Travel and Information Centre
Enterprise Agreement 2009 (Travel Agreement). Together we will refer to the Aquatic
Agreement and the Travel Agreement as “the pre-2010 Agreements”. It is appropriate that these
applications are considered together as both extensions are sought on the basis that bargaining
is currently occurring to replace the pre-2010 Agreements with one proposed enterprise
agreement.
[2] In accordance with the Fair Work (Transitional Provisions and Consequential
Amendments) Act 2009 (Cth) (Transitional Act) both the pre-2010 Agreements will terminate
with effect from 6 December 2023 (the end of the default period) unless the Agreements are
extended by the Commission.1
[3] The applications are made under different schedules in the Transitional Act reflecting
the different status of the pre-2010 Agreements.2 However, both applications submit that the
respective agreements should be extended because bargaining is occurring to replace the pre-
2010 Agreements with a proposed enterprise agreement. Furthermore, the matters the
[2024] FWCFB 83 [Note: A copy of the zombie agreement to which this
decision relates (AC300834) (AE871556) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/ac300834.pdf
https://www.fwc.gov.au/documents/agreements/approved/ae871556.pdf
[2024] FWCFB 83
2
Commission must consider in determining whether to extend the pre-2010 Agreements in
relation to a claim that bargaining is occurring are the same for both applications.3 The Full
Bench in ISS Health Services Pty Ltd described the requirements that must be met for the
Commission to extend the default period on the basis that bargaining for a replacement
agreement is occurring.
[4] Hobart City Council has provided witness evidence from Mr Kevin Midson, Hobart City
Council Manager for Workplace Relations, in support of the applications. The Australian
Municipal, Administrative, Clerical and Services Union (ASU) also supports the application in
relation to the Aquatic Agreement and is involved in bargaining for the proposed enterprise
agreement.
[5] We are satisfied on the material provided that the requirements as detailed in ISS Health
Services Pty Ltd have been met for both applications and that it is otherwise appropriate in the
circumstances to extend the default period of the pre-2010 Agreements.
[6] Having determined to extend the default period for the pre-2010 Agreements, we turn
now to consider the length of the extension. Both the Hobart City Council and the ASU have
sought that the default period be extended to 6 December 2024. The parties seek additional time
for bargaining, noting that the proposed enterprise agreement covers approximately 746
employees and incorporates the coverage of the Aquatic Agreement (which currently covers
126 employees), the Travel Agreement (which currently covers 18 employees) and the Hobart
City Council Enterprise Agreement 2021. The overwhelming majority of employees to be
covered by the proposed enterprise agreement are currently covered by the Hobart City Council
Enterprise Agreement 2021 which has a nominal expiry date of 30 June 2024. In these
circumstances, we are satisfied it is appropriate to extend the default period until 6 December
2024 to allow appropriate time for the bargaining and approval processes of the proposed
enterprise agreement to be finalised.
[7] An order to give effect to this decision will be published separately. The Aquatic
Agreement and the Travel Agreement are published on the Fair Work Commission’s website,
in accordance with the relevant schedules.4
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR771497
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/awardsandorders/pdf/pr771497.pdf
[2024] FWCFB 83
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1 In relation to the Aquatic Agreement see item 20A(1) and (2), Schedule 3, Transitional Act. In relation to the Travel
Agreement see item 30(1) and (2), Schedule 7, Transitional Act.
2 In relation to the Aquatic Agreement see item 20A(4) of Schedule 3, Transitional Act which applies to agreement-based
transitional instruments. In relation to the Travel Agreement see item 30(4) of Schedule 7, Transitional Act which applies to
enterprise agreements made during the bridging period.
3 In relation to the Aquatic Agreement see subitems 20A(6)(a) and (7), Schedule 3, Transitional Act. In relation to the Travel
Agreement see subitems 30(6)(a) and (7), Schedule 7, Transitional Act.
4 In relation to the Aquatic Agreement see subitem (10A)(c), Schedule 3, Transitional Act. In relation to the Travel
Agreement see subitem 30 (9A)(c), Schedule 7, Transitional Act.
