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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
Timevale Pty Ltd T/A Aussie World and Aussie World Pty Ltd T/A Aussie
World
(AG2023/4798)
AUSSIE WORLD – EMPLOYER COLLECTIVE AGREEMENT 2006-2011
Amusement, events and recreation industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT GRAYSON
COMMISSIONER THORNTON
SYDNEY, 21 MARCH 2024
Application to extend the default period for the Aussie World - Employer Collective Agreement
2006-2011
[1] Timevale Pty Ltd T/A Aussie World and Aussie World Pty Ltd T/A Aussie World have
applied pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth), to extend the Aussie World - Employer Collective
Agreement 2006-2011 (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 the bargaining process is advanced. The Commission was
notified by the Applicant on 8 March 2024 that a replacement agreement was proceeding to a
vote of employees between 17 and 24 March 2024.
[2024] FWCFB 180 [Note: A copy of the zombie agreement to which this
decision relates (AC300854) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AC300854.pdf
[2024] FWCFB 180
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[5] We consider that an extension until 6 June 2024 is sufficient time for a replacement
agreement to be made and approved, even in the event the current vote is unsuccessful.
[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 Agreement
is extended until 6 June 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
AC300854 PR772624
1 [2023] FWCFB 122.
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
