1
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional
instrument
Link MS Services Pty Limited
(AG2023/4833)
LINK MS COLLECTIVE AGREEMENT 2009
Clerical industry
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
COMMISSIONER CRAWFORD
SYDNEY, 19 APRIL 2024
Application to extend the default period for the Link MS Collective Agreement 2009
Introduction
[1] Link MS Services Pty Limited has applied pursuant subitem 30(4) of Sch 7 to the Fair
Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (Transitional
Act), to extend the Link MS Collective Agreement 2009 (the Agreement). Sch 7 applies to
enterprise agreements made during the bridging period. However, the Agreement was made
before the bridging period and 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 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 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.
[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.
[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 6 June 2024 is sufficient
time for a replacement agreement to be made and approved.
[2024] FWCFB 216 [Note: A copy of the zombie agreement to which this
decision relates (AC324242) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvSGlzdG9yaWNhbC8yMDEwLTIwMjEvMjAxMC8xL2NhZW4wOTYxMjg4MzcucGRm0?sid=&q=AC324242
[2024] FWCFB 216
2
[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 6 June 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
AC324242 PR773712
1 [2023] FWCFB 122.
THE FAIR WORKS LUSTRAL AMISSION THE SE
https://www.fwc.gov.au/documents/awardsandorders/pdf/pr773712.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
