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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
Mariana Trajkovski
(AG2024/115)
INDIVIDUAL TRANSITIONAL EMPLOYMENT AGREEMENT
BETWEEN MARIANA TRAJKOVSKI AND AIA AUSTRALIA
LIMITED
Banking finance and insurance industry
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
COMMISSIONER CRAWFORD
SYDNEY, 22 MARCH 2024
Application to extend the default period for an Individual Transitional Employment
Agreement with AIA Australia Limited
[1] Mariana Trajkovski made her application to extend the default period for an Individual
Transitional Employment Agreement (ITEA) under item 30(4) of Schedule 7 to the Fair
Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the
Transitional Act). Ms Trajkovski’s agreement is an individual agreement-based transitional
instrument to which item 20A(4) of Schedule 3 applies. The application should have been
made under item 20A(4) of Schedule 3.
[2] Item 20A of Sch 3 to the Transitional Act provides for the automatic sunsetting of
agreement-based transitional instruments at the end of the grace period which was 6
December 2023, subject to the capacity to apply to the Commission for an extension of that
period for up to four years in prescribed circumstances.
[3] Subitem 20A(4) permits an employer or employee covered by a relevant agreement, or
an industrial association entitled to represent an employee covered by the agreement to make
application to extend the default period for the agreement. The application must be made
before the end of the grace period.
[4] The grace period is defined in the subitem 20A(2) as the period of 12 months
beginning on the day Part 13 of Schedule 1 to the Fair Work Legislation Amendment (Secure
Jobs, Better Pay) Act 2022 (SJBP) commenced. Part 13 of Schedule 1 to the SJBP Act
commenced on 6 December 2022. Consequently, applications under subitem 20A of the
Transitional Act could only be made up until the end of 6 December 2023. There is no
provision that permits the Commission to extend the time for the making of such applications.
[2024] FWCFB 186
DECISION
AUSTRALIA FairWork Commission
[2024] FWCFB 186
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[5] The current application was made on 23 January 2024 which is after the end of the
grace period. The Commission wrote to the Applicant on 30 January 2024 advising that the
application was made out of time. The Applicant was asked to provide submissions as to how
the Commission has jurisdiction to extend the Agreement if she wished to proceed. The
Applicant raised concerns that she considered that the explanations provided by her employer,
AIA Australia Limited, about the process for transitioning away from the individual
agreement was inadequate. She said her employer asked her to sign a new contract which
would reflect the ongoing arrangements covering her employment. Ms Trajkovski said she
felt rushed into signing important arrangements concerning her employment.
[6] The Transitional Act requires applications of this kind to be made before the end of
the grace period. It does not permit the Commission to consider applications made after that
time. Ms Trajkovski’s application is out of time and the Commission has no jurisdiction to
deal with it.
[7] The application is dismissed.
DEPUTY PRESIDENT
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PR772667
THE FAIR WORKS LUSTRAL AMISSION THE SE
