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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
Arc @ UNSW Limited
(AG2024/1107)
ARC EMPLOYEE COLLECTIVE AGREEMENT 2009
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
DEPUTY PRESIDENT GRAYSON
SYDNEY, 22 APRIL 2024
Application to extend the default period for the Arc Employee Collective Agreement 2009
[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth), Arc @ UNSW Limited has applied to extend
the default period for the Arc Employee Collective Agreement 2009 (the Agreement).
[2] The Applicant lodged an earlier application on 22 November 2023 pursuant to 20A(4)
of Sch 3 to the Transitional Act to extend the default period of the Agreement until 7 April
2024. In a decision issued on 12 February 2024 the Full Bench considered that the requirements
in subitem (6)(a) were met and it was appropriate in the circumstances to extend the Agreement.
The Full Bench ordered that the default period for the Agreement be extended until 6 April
2024 to allow time for a replacement agreement to be made and approved.1
[3] The current application lodged on 5 April 2024 seeks to extend the agreement until 7
August 2024. 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 in circumstances where an
enterprise agreement has been made that covers the same employees covered by the Agreement
and an application has been made to have the replacement agreement approved by the
Commission under the Fair Work Act 2009. An application to approve the replacement
agreement was lodged with the Commission on 8 March 2024. At the time the current
application was made the replacement agreement had not yet been approved by the
Commission.
[4] The Commission has since approved the replacement agreement.2 The replacement
agreement will commence operation on 19 April 2024. The purpose of the extension is to ensure
the Agreement continued to apply for the period between the extended date of 6 April 2024 up
until the replacement enterprise agreement commenced.
[2024] FWCFB 227 [Note: A copy of the zombie agreement to which this
decision relates (AC326155) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/ac326155.pdf
[2024] FWCFB 74
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[5] We are satisfied for the purpose of subitem (6)(b) that 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 26 April 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
AC326155 PR773819
1 [2024] FWCFB 74.
2 [2024] FWCA 1317.
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb74.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca1317.pdf
