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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 Riverina Plaster Works Pty Ltd
(AG2023/4404)
RIVERINA PLASTER WORKS PTY LTD ENTERPRISE AGREMEENT
2009
Building, metal and civil construction industries
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
DEPUTY PRESIDENT GRAYSON
SYDNEY, 18 MARCH 2024
Application to extend the default period for the Riverina Plaster Works Pty Ltd Enterprise
Agreement 2009
Introduction
[1] Pursuant to subitem 30(4) of Sch 7 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 Riverina Plaster Works Pty Ltd T/A Riverina Plaster
Works has applied to extend the default period for the Riverina Plaster Works Pty Ltd
Enterprise Agreement 2009 (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 4 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 30(1) up until the replacement enterprise agreement commenced. We are
satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the default period for
the Agreement.
[2024] FWCFB 159 Note: A copy of the zombie agreement to which this
decision relates (AE873843) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AE873843.pdf
[2024] FWCFB 159
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[4] 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 4 March 2024.
[5] 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
AE873843 PR772459
1 [2024] FWCA 728.
& THE FAIR THE SEAS OF THE MISSION
https://www.fwc.gov.au/documents/agreements/approved/AE873843.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca728.pdf
