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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
Application by Mel & Mel Enterprises Pty Ltd T/A Subway Murray Bridge
And Subway Tailem Bend
(AG2023/4907)
Mel & Mel Enterprises Pty Ltd Employee Collective Agreement
Retail Industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT O’KEEFFE
COMMISSIONER LIM
SYDNEY, 13 MARCH 2024
Application to extend the default period for Mel & Mel Enterprises Pty Ltd Employee
Collective Agreement
[1] On 5 December 2023, Mel & Mel Enterprises Pty Ltd applied pursuant to subitem
20A(4) of Schedule 3 to the Fair Work (Transitional Provisions and Consequential
Amendments) Act 2009 (Cth) (Transitional Act), to extend the Mel & Mel Enterprises Pty Ltd
Employee Collective Agreement (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 notification time for the proposed enterprise agreement was 13
November 2023. The application was therefore made after the notification time for the proposed
enterprise agreement.
[3] The applicant seeks an extension of the default period of the Agreement until 30 May
2024 or seven days after a decision has been made regarding the approval of the proposed
Agreement, whichever is earlier.
[4] 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.
[2024] FWCFB 134 Note: A copy of the zombie agreement to which this
decision relates (AC321033) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AC321033.pdf
[2024] FWCFB 134
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[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. The applicant has commenced bargaining
for a replacement agreement and we consider that an extension until 30 May 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 Agreement
is extended until 30 May 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
AC321033 PR772310
1 [2023] FWCFB 122
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
