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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
Sarah Crane
(AG2024/42)
INDIVIDUAL TRANSITIONAL EMPLOYMENT AGREEMENT
BETWEEN SARAH CRANE 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] Pursuant to item 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth) (the Transitional Act), Sarah Crane (the
Applicant) has applied to extend the default period for an Individual Transitional
Employment Agreement (ITEA).
[2] Item 20A of Sch 3 to the Transitional Act provides for the automatic sunsetting of
agreement-based transitional instruments by the end of the default period on 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 covered by the agreement, an employee covered
by the agreement, or an industrial association entitled to represent an employee covered by the
agreement to make application to extend 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) commences. 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.
[5] The current application was made on 10 January 2024 which is after the end of the
grace period. The Commission wrote to the Applicant advising that the application was made
out of time. The Applicant was asked to provide submissions as to how the Commission has
[2024] FWCFB 184
DECISION
AUSTRALIA FairWork Commission
[2024] FWCFB 184
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jurisdiction to extend the Agreement if she wished to proceed. The Applicant raised concerns
that she considered that the explanations provided by AIA Australia Limited about the process
for transitioning away from the individual agreement was inadequate and she was 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 Crane’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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THE FAIR WORKS LUSTRAL AMISSION THE SE
