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Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3A, Item 206A(4) - Application to extend default period for Division 2B State
employment agreements
Glen Grove Orchard Pty Ltd
(AG2023/4965)
GLEN GROVE ORCHARD PTY LTD CERTIFIED AGREEMENT
Agricultural industry
DEPUTY PRESIDENT ROBERTS
COMMISSIONER CRAWFORD
COMMISSIONER PERICA
SYDNEY, 18 MARCH 2024
Application to extend the default period for the Glen Grove Orchard Pty Ltd Certified
Agreement
[1] Glen Grove Orchard Pty Ltd applies pursuant to subitem 26A(4) of Sch 3A to the Fair
Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), to extend the
default period for the Glen Grove Orchard Pty Ltd Certified Agreement (the Agreement).
[2] The application is made in accordance with subitem 26A(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 26A(6)(a) of Sch 3A 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 162 Note: A copy of the zombie agreement to which this
decision relates (AG540003) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AG540003.pdf
[2024] FWCFB 162
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[6] The Agreement is published, in accordance with subitem 26A(10A)(c) of Sch 3A, on
the Fair Work Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AG540003 PR772483
1 [2023] FWCFB 122.
THE FAIR MORE MAMISSION THE SEA
https://www.fwc.gov.au/documents/awardsandorders/pdf/pr772483.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
