1
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional
instruments
Application by XL Express (Corporate) Pty Ltd
(AG2023/4692)
NATIONAL TRANSPORT OPERATIONS PTY LTD CERTIFIED
AGREEMENT 2002
Private transport industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
DEPUTY PRESIDENT GRAYSON
SYDNEY, 18 MARCH 2024
Application to extend the default period for the National Transport Operations Pty Ltd
Certified Agreement 2002
Introduction
[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 XL Express (Corporate) Pty Ltd has applied to extend
the default period for the National Transport Operations Pty Ltd Certified Agreement 2002 (the
Agreement). Under subitem 20A(1) the Agreement was to terminate on 6 December 2023.
[2] The application is made, in accordance with subitem 20A(6)(b), on the ground that it is
reasonable in the circumstances to extend the default period where an enterprise agreement has
been approved by the Commission under the Fair Work Act 2009 and the replacement
agreement covers the same, or substantially the same, group of employees as are covered by
the Agreement. At the time the application was made the replacement agreement had not yet
been approved by the Commission.
[3] The Commission has since approved the replacement agreement.1 The replacement
agreement commenced operation on 5 March 2024. The purpose of the extension is to ensure
the Agreement continued to apply for the period between the termination date of 6 December
2023 in subitem 20A(1) up until the replacement enterprise agreement commenced.
[2024] FWCFB 157 Note: A copy of the zombie agreement to which this
decision relates (AG813189) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AG813189.pdf
[2024] FWCFB 157
2
[4] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the
default period for the Agreement.
[5] Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period
for the Agreement is extended until 7 days after the approval decision of the new replacement
agreement on 5 March 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
AG813189 PR772444
1 [2024] FWCA 746.
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca746.pdf
