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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
Cosh Corp Pty Ltd T/A Dome Albany
(AG2023/4930)
Liquor and accommodation industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 15 MARCH 2024
Application to extend the default period for Cosh Corp PTY LTD - Employee Collective
Agreement 2006-2011
[1] Cosh Corp Pty Ltd T/A Dome Albany applies pursuant to subitem 20A(4) of Sch 3 to the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), to
extend the default period for the Cosh Corp PTY LTD - Employee Collective Agreement
2006-2011 (the Agreement).
[2] The application is made in accordance with subitem 20A(6)(a) on the grounds 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.
[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 made.
[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 is currently involved
in the Commission’s Collaborative Approaches Program. The United Workers Union
supports the application. In those circumstances we grant the extension sought.
[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 30 September 2024.
[2024] FWCFB 155 Note: A copy of the zombie agreement to which this
decision relates (AC302562) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AC302562.pdf
[2024] FWCFB 155
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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
AC302562 PR772409
1 [2023] FWCFB 122.
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
