1
[2024] FWCFB 156
The attached document replaces the document previously issued with the above code on 15
March 2024.
The attached document replaces the document previously issued with the above code to insert
“Deputy President Slevin” underneath Deputy President Roberts.
Associate to Deputy President Slevin
Dated 19 March 2024
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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
Boston Asset Pty Ltd T/A Dome Nedlands
(AG2023/4940)
BOSTON ASSET PTY LTD – CERTIFIED AGREEMENT 2002 – 2005
Restaurants industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 19 MARCH 2024
Application to extend the default period for Boston Asset Pty Ltd - Certified Agreement 2002 -
2005
[1] Boston Asset Pty Ltd T/A Dome Nedlands 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 Boston Asset Pty Ltd - Certified Agreement 2002 - 2005
(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.
[2024] FWCFB 156 Note: A copy of the zombie agreement to which this
decision relates (AG820899) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AG820899.pdf
[2024] FWCFB 156
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[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.
[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
AG820899 PR772411
1 [2023] FWCFB 122.
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
