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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
Bunk (Qld) Pty Ltd T/A Bunk Backpackers
(AG2023/4988)
BUNK (QLD) PTY LTD – CERTIFIED AGREEMENT 2003-2006
Liquor and Accommodation industry
DEPUTY PRESIDENT SLEVIN
COMMISSIONER CRAWFORD
COMMISSIONER THORNTON
SYDNEY, 14 MARCH 2024
Application to extend the default period for Bunk (Qld) Pty Ltd Certified Agreement - 2003-
2006
Introduction
[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions
and Consequential Amendments) Act 2009, Bunk (Qld) Pty Ltd T/A Bunk Backpackers has
applied to extend the default period for the Bunk (Qld) Pty Ltd – Certified Agreement 2003-
2006 (the Agreement). Under subitem 20A(1) the Agreement was to terminate on 6 December
2023.
[2] The application was made, in accordance with subitem (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 this application was made the replacement agreement had not yet
been approved by the Commission.
[3] The Commission has since approved the replacement agreement.1 The replacement
agreement commenced operation on 27 February 2024. The purpose of the extension is to
ensure 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.
[2024] FWCFB 146 Note: A copy of the zombie agreement to which this
decision relates (AG831697) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AG831697.pdf
[2024] FWCFB 146
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[4] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the
default period for the Agreement.
[5] 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 27 February 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
AG831697 PR772363
THE SEAL OF TH NOISSINNO
