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
The Parkside Foundation Pty Ltd T/A Parkside Foundation
(AG2023/4008 and AG2023/4287)
THE PARKSIDE FOUNDATION SUPPORT WORKERS COLLECTIVE
AGREEMENT 2009
[AC325305]
THE PARKSIDE FOUNDATION MANAGERS AND COORDINATORS
COLLECTIVE AGREEMENT 2009
[AC325181]
Health and welfare services
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 28 FEBRUARY 2024
Application to extend the default period for The Parkside Support Workers Collective
Agreement 2009 and The Parkside Foundation Managers and Coordinators Collective
Agreement 2009
[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth), the Parkside Foundation Pty Ltd T/A Parkside
Foundation has applied to extend the default period for the The Parkside Support Workers
Collective Agreement 2009 and The Parkside Foundation Managers and Coordinators
Collective Agreement 2009 (the Agreements).
[2] The application is made in accordance with subitem 20A(6)(a) on the ground that the
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 Agreements 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 relied upon.
[2024] FWCFB 116
DECISION
AUSTRALIA FairWork Commission
[2024] FWCFB 116
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[4] We are satisfied on the material provided that the requirements in subitem (6)(a) are met
and that it is appropriate to extend the default period. The applicant has commenced bargaining
for a replacement agreement and we consider that an extension until 6 April 2024 is sufficient
time for a replacement agreement to be made and approved.
[5] Pursuant to item 20A(6) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth), we order that the default period for the Agreement
is extended until 6 April 2024.
[6] The Agreement is published, in accordance with subitem 20A(10A), on the Fair Work
Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR771924
1 [2023] FWCFB 122
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
