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Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 20A(4) - Application to extend default period for enterprise agreements
Kiama Community College Ltd
(AG2023/4218)
Educational services
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
DEPUTY PRESIDENT GRAYSON
SYDNEY, 28 MARCH 2024
Application to extend the default period for the Kiama Community College Collective
Agreement 2009 - 2014
[1] Kiama Community College has applied to extend the default period for the Kiama
Community College Collective Agreement 2009-2014 (the Agreement) pursuant to subitem
30(4) of Sch 7 to the Fair Work (Transitional Provisions and Consequential Amendments) Act
2009 (Cth) (the Transitional Act).
[2] The Agreement was made in 2009 and approved under the Workplace Relations Act
1996 (Cth) (WR Act) and is a ‘WR Act Instrument’ within the meaning of item 2(2) of Sch. 3
to the Transitional Act. We have therefore taken the application to have been made under
subitem 20A(4) of Sch 3.
[3] The application is made in accordance with subitem 20A(6)(a) 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.
[4] 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.
[5] 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 August 2024 is sufficient
time for a replacement agreement to be made and approved.
[2024] FWCFB 194
DECISION
AUSTRALIA FairWork Commission
[2024] FWCFB 194
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[6] Pursuant to item 20A(6) of Sch 3 to the Transitional Act, we order that the default period
for the Agreement is extended until 6 August 2024.
[7] 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
AC325292 PR772831
1 [2023] FWCFB 122
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
