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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
Application by ADFA Jamison Pty Ltd T/A Amora Hotel Jamison Sydney
(AG2023/4329)
Hospitality industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
DEPUTY PRESIDENT GRAYSON
SYDNEY, 14 MARCH 2024
Application to extend the default period for the Amora Hotel Jamison Sydney – Employee
Collective Agreement 2007-2012
[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth) (Transitional Act), ADFA Jamison Pty Ltd T/A
Amora Hotel Jamison Sydney has applied to extend the default period for the Amora Hotel
Jamison Sydney – Employee Collective Agreement 2007-2012 (the Agreement).
[2] The application is made in accordance with subitem 20A(6)(a) 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 (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 the 14 July 2024 is
sufficient time for a replacement agreement to be made and approved.
[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 14 July 2024.
[2024] FWCFB 138 Note: A copy of the zombie agreement to which this
decision relates (AC305169) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AC305169.pdf
[2023] FWCFB 138
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[6] The Agreement is published, in accordance with subitem 20A(10A) of the Transitional
Act, on the Fair Work Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AC305169 PR772319
1 [2023] FWCFB 122 at [4]
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
