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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
24 Carat Nominees Pty Ltd T/A Shiels Group
(AG2023/4914)
CARAT NOMINEES PTY LTD EMPLOYEE COLLECTIVE
AGREEMENT 2006
Retail industry
DEPUTY PRESIDENT SLEVIN
COMMISSIONER CONNOLLY
COMMISSIONER TRAN
SYDNEY, 29 FEBRUARY 2024
Application to extend the default period for 24 Carat Nominees Pty Ltd Employee Collective
Agreement 2006
[1] Carat Nominees Pty Ltd has applied 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 Carat Nominees Pty Ltd Employee Collective Agreement 2006
(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 agreement.i The purpose of the
extension is to ensure the Agreement continued to apply until the replacement enterprise
agreement was approved.
[4] For the purpose of subitem (6)(b), we are satisfied that it is reasonable to extend the
default period for the Agreement.
[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, approved on 22 February 2024.
[2024] FWCFB 122Note: A copy the zombie agreement to which this decision
relates (AC302164) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvSGlzdG9yaWNhbC8yMDA5LzIwMDkvNi9jYWVuMDY4MTY3OTAucGRm0?sid=&q=AC302164
[2024] FWCFB 122
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[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
AC302164 PR771945
i PR771673.
EWORK OMMISSION THE SEAL OF T
