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Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 7, Item 30(4) - Application to extend default period for enterprise agreements made
during the bridging period
Application by Fresh Choice Pty Ltd Atf Anthony Staatz Family Trust T/A
Koala Farms
(AG2023/4143)
KOALA FARMS ENTERPRISE AGREEMENT 2009
Agricultural industry
DEPUTY PRESIDENT SLEVIN
COMMISSIONER CONNOLLY
COMMISSIONER TRAN
SYDNEY, 28 February 2024
Application to extend the default period for the Koala Farms Enterprise Agreement 2009.
Introduction
[1] Pursuant to subitem 30(4) of Sch 7 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 Fresh Choice Pty Ltd Atf Anthony Staatz Family Trust
T/A Koala Farms applied to extend the default period for the Koala Farms Enterprise
Agreement 2009 (the Agreement). Under subitem 30(1) the Agreement was to terminate on 6
December 2023.
[2] The application was made, in accordance with subitem (6)(b), on the grounds that it is
reasonable in the circumstances to extend the default period where an enterprise agreement has
been made under the Fair Work Act 2009 that covers the same, or substantially the same, group
of employees as are covered by the Agreement. At the time this application was made the
replacement agreement had not yet been approved by the Commission.
[3] The Commission has since approved the replacement agreement.1 The purpose of the
extension is to ensure the Agreement continued to apply until the replacement enterprise
agreement was approved.
[4] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the
default period for the Agreement.
[5] Pursuant to item 30(4) of Sch 7 to the Transitional Act, we order that the default period
for the Agreement is extended until 7 days after the approval decision of the new replacement
agreement on 6 February 2024.
[2024] FWCFB 114 [Note: A copy of the zombie agreement to which this
decision relates (AE877294) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/ae877294.pdf
[2024] FWCFB 114
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[6] The Agreement is published, in accordance with subitem 30(9A)(c), on the Fair Work
Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE877294 PR771911
1 [2024] FWCA 379
THE SEAL OF TH NOISSINNO
https://www.fwc.gov.au/documents/agreements/approved/AE877294.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca379.pdf
