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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 MBM Harvesting Solutions Pty Ltd
(AG2023/4664)
MBM HARVESTING SOLUTIONS PTY LTD EMPLOYER
GREENFIELDS AGREEMENT 2007
Agricultural industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
DEPUTY PRESIDENT GRAYSON
SYDNEY, 14 MARCH 2024
Application to extend the default period for the MBM Harvesting Solutions Pty Ltd Employer
Greenfields Agreement 2007
Introduction
[1] MBM Harvesting Solutions Pty Ltd has applied pursuant to subitem 26A(4) of Sch 3A
to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
(Transitional Act) to extend the default period for the MBM Harvesting Solutions Pty Ltd
Employer Greenfields Agreement 2007 (the Agreement). Sch 3A applies to Division 2B
instruments approved by a State Industrial Relations body. However, the Agreement is a
collective agreement-based transitional instrument and item 20A of Sch 3 applies.
[2] We will consider the application as if it was made under subitem 20A(4) of Sch 3. Under
subitem 20A(1) the Agreement was to terminate on 6 December 2023.
[3] The application is made, in accordance with subitem 20A(6)(b), on the ground that it is
reasonable in the circumstances to extend the default period where an enterprise agreement has
been approved by the Commission under the Fair Work Act 2009 and the replacement
agreement covers the same, or substantially the same, group of employees as are covered by
the Agreement. At the time the application was made, the replacement agreement had not yet
been approved by the Commission.
[4] The Commission has since approved the replacement agreement.1 The replacement
agreement commenced operation on 6 March 2024. The purpose of the extension is to ensure
[2024] FWCFB 143 Note: A copy of the zombie agreement to which this
decision relates (AC305609) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AC305609.pdf
[2024] FWCFB 143
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the Agreement continued to apply for the period between the termination date of 6 December
2023 in subitem 20A(1) up until the replacement enterprise agreement commenced.
[5] We are satisfied in these circumstances that for the purpose of subitem (6)(b) it is
reasonable to extend the default period for the Agreement.
[6] Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period
for the Agreement is extended until 7 days after the approval decision of the new replacement
agreement on 6 March 2024.
[7] 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
AC305609 PR772353
1 [2024] FWCA 763.
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca763.pdf
