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
Rain Bird (Australia) Pty Ltd T/A Rain Bird Australia
(AG2023/4912)
RAIN BIRD COLLECTIVE AGREEMENT 2009
Manufacturing and associated industries
DEPUTY PRESIDENT GRAYSON
COMMISSIONER LIM
COMMISSIONER THORNTON
SYDNEY, 21 MARCH 2024
Application to extend the default period for a zombie agreement
[1] On 5 December 2023, Rain Bird (Australia) Pty Ltd (Applicant) made an application
under item 20A(4) of Schedule 3 to the Fair Work (Transitional Provisions and Consequential
Amendments) Act 2009 (Cth) (Transitional Act) to extend the ‘default period’ for the Rain Bird
Collective Agreement 2009 (Agreement).The Agreement is an agreement-based transitional
instrument to which Schedule 3 applies, since it was made as a collective workplace agreement
under the Workplace Relations Act 1996 (Cth). The application seeks to extend the default
period to 30 June 2024.
[2] The application is made in accordance with subitem 20A(6)(a) of the Transitional Act
on the ground 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 (7) are met
and that it is appropriate to extend the default period. The Applicant has commenced bargaining
for a replacement agreement. The Applicant has sought an extension until 30 June 2024. The
Applicant has submitted that if the Commission were to extend the default period of the
Agreement to 30 June 2024, they will be able to complete bargaining, consultation and
implementation of a replacement agreement. We have considered the information and
submissions filed by the Applicant in support of that contention and consider that an extension
until 30 June 2024 is sufficient time for a replacement agreement to be made and approved.
[2024] FWCFB 177 [Note: A copy of the zombie agreement to which this
decision relates (AC324088) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AC324088.pdf
[2024] FWCFB 177
2
[5] Pursuant to item 20A(6) of Schedule 3 of the Transitional Act, we order that the default
period for the Agreement is extended until 30 June 2024.
[6] The Agreement is published, in accordance with subitem 20A(10A)(c) of the
Transitional Act, on the Fair Work Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AC324088 PR772617
1 [2023] FWCFB 122 at [4]
MISSION THE WORK CO THE FAIR WORK CON
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
