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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
Application by Ironhill Management Pty Ltd
(AG2023/4449)
BONVILLE GOLF RESORT EMPLOYEE ENTERPRISE AGREEMENT
2010 - 2014
Hospitality industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
DEPUTY PRESIDENT GRAYSON
SYDNEY, 18 MARCH 2024
Application to extend the default period for the Bonville Golf Resort Employee Enterprise
Agreement 2010 - 2014
Introduction
[1] Pursuant to subitem 30(4) of Sch 7 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 Ironhill Management Pty Ltd T/A Bonville International
Golf Resort has applied to extend the default period for the Bonville Golf Resort Employee
Enterprise Agreement 2010 - 2014 (the Agreement). Under subitem 30(1) the Agreement was
to terminate on 6 December 2023.
[2] The application was made, in accordance with subitem (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, group of employees as are covered by the Agreement. At the time
this 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 29 January 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 30(1) up until the replacement enterprise agreement commenced.
[2024] FWCFB 158 Note: A copy of the zombie agreement to which this
decision relates (AE877799) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AE877799.pdf
[2024] FWCFB 158
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[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 30(6) of Sch 7 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 29 January 2024.
[6] The Agreement is published, in accordance with subitem 30(9A)(c), on the Fair Work
Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE877799 PR772454
1 [2024] FWCA 243.
WORK COMMISSION THE SEAS OF THE
https://www.fwc.gov.au/documents/agreements/approved/AE877799.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca243.pdf
