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
UR1 International Pty Ltd
(AG2023/4793 and AG2024/4794)
UR1 INTERNATIONAL PTY LTD (WAREHOUSE & ASSEMBLY)
CERTIFIED AGREEMENT (2005)
[AC846219]
UR1 INTERNATIONAL PTY LTD CERTIFIED AGREEMENT 2004
[AC836527]
Storage services and clerical industry
DEPUTY PRESIDENT SLEVIN
DPEUTY PRESIDENT GRAYSON
COMMISSIONER THORNTON
SYDNEY, 19 MARCH 2024
Application to extend the default period for the UR1 International Pty Ltd (Warehouse &
Assembly) Certified Agreement (2005) and the UR1 International Pty Ltd Certified Agreement
2004
[1] UR1 International Pty Ltd has applied pursuant to subitem 20A(4) of Sch 3 to the Fair
Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), to extend the
UR1 International Pty Ltd (Warehouse & Assembly) Certified Agreement (2005) and the UR1
International Pty Ltd Certified Agreement 2004 (the Agreements).
[2] The applications are 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 Agreements and that it is
appropriate to extend the default period.
[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] The Notice of Employee Representational Rights (NERR) was issued to employees in
respect of the UR1 International Pty Ltd Agreement on 30 November 2023 and 1 December
2023 for the Warehouse and Assembly Agreement. The applicant notified its employees that it
[2024] FWCFB 163 [Note: A copy of the zombie agreement to which this
decision relates AC846219 & AC836527 is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AC846219.pdf
https://www.fwc.gov.au/documents/agreements/approved/AC836527.pdf
[2024] FWCFB 163
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intends to replace both of the subject agreements with one replacement agreement. The
Applicant has advised the Commission that they expect the bargaining to be completed by
March 2024 with a vote to occur thereafter.
[5] 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. We consider that an extension until 6 June
2024 is sufficient time for a replacement agreement to be made and approved.
[6] 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
Agreements is extended until 6 June 2024.
[7] The Agreements are 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
PR772493
1 [2023] FWCFB 122.
FORK THE SEAL OF NOISSINNO
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
