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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
instruments
Prodelv Pty Ltd T/A AG Security Group
(AG2023/4624)
AG SECURITY GROUP EMPLOYEE COLLECTIVE AGREEMENT 2009
Industries not otherwise assigned
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
DEPUTY PRESIDENT GRAYSON
SYDNEY, 20 MARCH 2024
Application to extend the default period for the AG Security Group Employee Collective
Agreement 2009
Introduction
[1] Prodelv Pty Ltd T/A AG Security Group applies pursuant to subitem 30(4) of Sch 7 to
the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
(Transitional Act) to extend the default period for the AG Security Group Employee Collective
Agreement 2009 (the Agreement). Sch 7 applies to enterprise agreements made during the
bridging period. However, the Agreement is a collective agreement-based transitional
instrument and item 20A of Sch 3 applies.
[2] We will consider the application as if it was made under made under subitem 20A(4) of
Sch 3. Under subitem 20A(1) the Agreement was to terminate on 6 December 2023.
[3] 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, or substantially the same, group of employees as are covered by
the Agreement. At the time the application was made the replacement agreement had not yet
been approved by the Commission.
[4] The Commission has since approved the replacement agreement.1 The replacement
agreement commenced operation on 12 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 20A(1) up until the replacement enterprise agreement commenced.
[2024] FWCFB 173 Note: A copy of the zombie agreement to which this
decision relates (AC322374) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AC322374.pdf
[2024] FWCFB 173
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[5] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the
default period for the Agreement.
[6] Pursuant to item 20A(4) 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 12 March 2024.
[7] 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
AC322374 PR772551
1 [2024] FWCA 843.
WORK COMMISSION L THE SEAS OF THE
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca843.pdf
