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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
Red Energy Pty Limited
(AG2023/4963 and 4964)
Wholesale and retail trade industry
DEPUTY PRESIDENT ROBERTS
COMMISSIONER CRAWFORD
COMMISSIONER PERICA
SYDNEY, 16 APRIL 2024
Application to extend the default period for the Field Sales Collective Agreement 2009 and the
Operations Employee Collective Agreement 2009
Introduction
[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009, Red Energy Pty Limited applied to extend the default
period for the Field Sales Collective Agreement 2009 (AC324556) and the Operations
Employee Collective Agreement 2009 (AC324122) (the Agreements).
[2] The Agreements would have terminated in accordance with subitem 20A(1) on 6
December 2023 save that applications under subitem 20A(4) to extend the Agreement have
been made. The Agreements continued pending our decision in those applications.
[3] Subitem 20A(6)(b), allows the Commission to extend on the ground that it is reasonable
in the circumstances to do so. The circumstances here are that since the applications were made,
an enterprise agreement has been approved by the Commission under the Fair Work Act 2009
which covers the same, or substantially the same, group of employees as are covered by the
Agreements.1
[4] The replacement agreement commenced operation on 3 April 2024. The purpose of the
extension is to ensure the Agreements 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 for the purpose of subitem (6)(b) that it is reasonable to extend the
default period for the Agreements.
[2024] FWCFB 214 [Note: A copy of the zombie agreement to which this
decision relates (AC324556 AC324122) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AC324556.pdf
https://www.fwc.gov.au/documents/agreements/approved/AC324122.pdf
[2024] FWCFB 214
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[6] Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period
for the Agreements are extended until 7 days after the approval decision of the new replacement
agreement to 3 April 2024.
[7] The Agreements are published, in accordance with subitem 20A(10A)(c), on the Fair
Work Commission’s website and can be accessed through the hyperlinks in Schedule 1 to this
decision.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR773551
Schedule 1
Enterprise Agreement Name Publication ID
THE FAIR WORKS LUSTRAL AMISSION THE SE
[2024] FWCFB 214
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Field Sales Employee Collective Agreement 2009 AC324556
Operations Employee Collective Agreement 2009 AC324122
1 [2024] FWCA 1087.
https://casehq.fwc.gov.au/FWCPROD/PublicationLoad.action?key=324556&XSRF-TOKEN=5b1359fa-dd8a-49df-a9d9-ed727a37ffdf
https://casehq.fwc.gov.au/FWCPROD/PublicationLoad.action?key=324122&XSRF-TOKEN=5b1359fa-dd8a-49df-a9d9-ed727a37ffdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca1087.pdf
