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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
Application by Jellis Craig & Company Pty Ltd T/A Jellis Craig Hawthorn,
Jellis Craig Balwyn, Jellis Craig Glen Iris
(AG2023/4934)
JELLIS CRAIG AND COMPANY PTY LTD COLLECTIVE
AGREEMENT 2008
Real Estate Industry
DEPUTY PRESIDENT SLEVIN
COMMISSIONER CONNOLLY
COMMISSIONER TRAN
SYDNEY, 28 FEBRUARY 2024
Application to extend the default period for the Jellis Craig and Company Pty Ltd Collective
Agreement 2008
Introduction
[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 Jellis Craig & Company Pty Ltd T/A Jellis Craig
Hawthorn, Jellis Craig Balwyn, Jellis Craig Glen Iris has applied to extend the default period
for the Jellis Craig and Company Pty Ltd Collective Agreement 2008 (the Agreement). Under
subitem 20A(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 agreement1. 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.
[2024] FWCFB 115 [Note: A copy of the zombie agreement to which this
decision relates (AC317224) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/ac317224.pdf
[2024] FWCFB 115
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[5] Pursuant to item 20A(4) of Sch 3 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 31 January 2024.
[6] The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work
Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AC317224 PR771912
1 [2024] FWCA 331.
THE SEAL OF TH NOISSINNO
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca331.pdf
