1
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional
instruments
Subway Bridge Street Pty Ltd T/A Subway & Caneramble Pty Ltd T/A
Subway
(AG2023/4880)
SUBWAY TOOWOOMBA CERTIFIED AGREEMENT 2006
Fast food industry
DEPUTY PRESIDENT SLEVIN
COMMISSIONER CONNOLLY
COMMISSIONER TRAN
SYDNEY, 17 APRIL 2024
Application to extend the default period for the Subway Toowoomba Certified Agreement
2006
Introduction
[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009, Subway Bridge Street Pty Ltd T/A Subway and
Caneramble Pty Ltd T/A Subway have applied to extend the default period for the Subway
Toowoomba Certified Agreement 2006 (the Agreement).
[2] The Agreement would have terminated in accordance with subitem 20A(1) on 6
December 2023 save that an application under subitem 20A(4) to extend the Agreement has
been made. The Agreement continued pending our decision in that application.
[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 application was 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
Agreement.1
[4] The replacement agreement commenced operation on 12 April 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 215
DECISION
AUSTRALIA FairWork Commission
[2024] FWCFB 215
2
[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 7 days after the approval decision of the new replacement
agreement on 12 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
AG848351 PR773609
1 [2024] FWCA 1235.
THE SEAL OF TH NOISSINNO MORK COMMISSION
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca1235.pdf
