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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
instrument
Pierre Properties Pty Ltd
(AG2023/4983)
CACTUS JACK’S RESTAURANTS – QUEENSLAND – CERTIFIED
AGREEMENT 2004 – 2007
Restaurant industry
DEPUTY PRESIDENT SLEVIN
COMMISSIONER CRAWFORD
COMMISSIONER ALLISON
SYDNEY, 7 MARCH 2024
Application to extend the default period for Cactus Jack’s Restaurants – Queensland –
Certified Agreement 2004 – 2007
[1] Pierre Properties Pty Ltd applies pursuant to subitem 20A(4) of Sch 3 to the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth), to extend the default
period for the Cactus Jack’s Restaurants – Queensland – Certified Agreement 2004 - 2007 (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 we consider that an extension until 6 June 2024 is sufficient
time for a replacement agreement to be made and approved. The views of the seven appointed
employee bargaining representatives were sought and those that responded all indicated they
support the default period for the Agreement being extended to 6 June 2024.
[2024] FWCFB 128 Note: A copy the zombie agreement to which this
decision relates (AG838442) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AG838442.pdf
[2024] FWCFB 128
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[5] 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.
[6] 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
AG838442 PR772167
1 [2023] FWCFB 122.
FORK THE SEAL OF NOISSINNO
https://www.fwc.gov.au/documents/awardsandorders/pdf/pr772167.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
