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
Hermes Australia Pty Ltd T/A Hermes
(AG2023/4923)
HERMES AUSTRALIA - WORKPLACE AGREEMENT
(AC305797)
Retail industry
DEPUTY PRESIDENT SLEVIN
COMMISSIONER LIM
COMMISSIONER THORNTON
SYDNEY, 28 FEBRUARY 2024
Application to extend the default period for the Hermes Australia - Workplace Agreement
2007
[1] On 5 December 2023, Hermes Australia Pty Ltd (Applicant) made an application under
item 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential
Amendments) Act 2009 (Cth) (Transitional Act) to extend the ‘default period’ for the Hermes
Australia - Workplace Agreement 2007 (Agreement). The application seeks to extend the
default period to 6 December 2024.
[2] The application is made in accordance with subitem 20A(6)(a) of the Transitional Act
on the ground 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.
[3] The Full Bench in ISS Health Services Pty Ltd1 described the requirements that must be
met for an application to extend the default period where bargaining for a replacement
agreement is made.
[4] We are satisfied on the material provided that the requirements in subitem (7) are met
and that it is appropriate to extend the default period. The Applicant has commenced bargaining
for a replacement agreement. The Applicant has sought an extension until 6 December 2024.
However, the Applicant has also submitted that if the Commission were to extend the default
period of the Agreement for six (6) months, they will endeavour to finalise the new enterprise
agreement within this period. We have considered the information and submissions filed by the
Applicant in support of that contention and consider that an extension until 6 June 2024 is
sufficient time for a replacement agreement to be made and approved.
[2024] FWCFB 113 [Note: A copy of the zombie agreement to which this
decision relates (AC305797) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/ac305797.pdf
[2024] FWCFB 113
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[5] Pursuant to item 20A(6) of Sch 3 of the Transitional Act, we order that the default period
for the Agreement is extended until 6 June 2024.
[6] The Agreement is published, in accordance with subitem 20A(10A)(c) of the Act, on
the Fair Work Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AC305797 PR771909
1 [2023] FWCFB 122 at [4]
THE SEAL OF TH NOISSINN
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
