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Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 7, Item 30(4) - Application to extend default period for enterprise agreements made
during the bridging period
Parilla Premium Potatoes Pty Ltd T/A Parilla Premium Potatoes
(AG2023/4446)
PARILLA PREMIUM POTATOES PTY LTD MAINTENANCE &
FARMING EMPLOYEES ENTERPRISE AGREEMENT 2009
Agricultural industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN SYDNEY, 29 APRIL 2024
DEPUTY PRESIDENT GRAYSON
Application to extend the default period for the Parilla Premium Potatoes Pty Ltd
Maintenance & Farming Employees Enterprise Agreement 2009
Introduction
[1] Parilla Premium Potatoes Pty Ltd T/A Parilla Premium Potatoes applies pursuant to
subitem 30(4) of Sch 7 to the Fair Work (Transitional Provisions and Consequential
Amendments) Act 2009 (Transitional Act) to extend the default period for the Parilla Premium
Potatoes Pty Ltd Maintenance & Farming Employees Enterprise Agreement 2009 (the
Agreement). Sch 7 applies to enterprise agreements made during the bridging period.
[2] The application is made in accordance with subitem (6)(a) 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.
[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 6 June 2024 is sufficient
time for a replacement agreement to be made and approved.
[2024] FWCFB 241
DECISION
AUSTRALIA FairWork Commission
[2024] FWCFB 241
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[5] Pursuant to item 30(4) of Sch 7 to the Transitional Act, we order that the default period
for the Agreement is extended until 6 June 2024.
[6] The Agreement is published, in accordance with subitem 30(9A)(c), on the Fair Work
Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE872912 PR774310
1 [2023] FWCFB 122.
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/agreements/approved/AE872912.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
