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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 instrument
Seventh-Day Adventist Schools (South Queensland) Limited
(AG2023/4843)
SEVENTH-DAY ADVENTIST SCHOOLS (SOUTH QUEENSLAND) LTD
TEACHERS COLLECTIVE AGREEMENT 2008-2011
Educational Services
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 18 MARCH 2024
Application to extend the default period for the Seventh-Day Adventist Schools (South
Queensland) Ltd Teachers Collective Agreement 2008-2011
[1] The Seventh-Day Adventist Schools (South Queensland) Limited 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 Seventh-Day Adventist
Schools (South Queensland) Ltd Teachers Collective Agreement 2008-2011 (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 has commenced bargaining
for a replacement agreement and we consider that an extension until 6 June 2024 is sufficient
time for a replacement agreement to be made and approved.
[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 6 June 2024.
[2024] FWCFB 160 Note: A copy of the zombie agreement to which this
decision relates (AC317018) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AC317018.pdf
[2024] FWCFB 160
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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
AC317018 PR772468
1 [2023] FWCFB 122.
WORK COMMISSION THE SEAS OF THE
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
