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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
instrument
Seventh-day Adventist Church (SPD) Ltd T/A Seventh-day Adventist
Church
(AG2023/4909)
SEVENTH-DAY ADVENTIST CHURCH (SPD) LTD – WAHROONGA SITE
ADMINISTRATIVE SUPPORT EMPLOYEES COLLECTIVE AGREEMENT
Clerical industry
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
COMMISSIONER ALLISON
SYDNEY, 22 APRIL 2024
Application to extend the default period for the Seventh-day Adventist Church (SPD) Ltd –
Wahroonga Site Administrative Support Employees Collective Agreement
Introduction
[1] Seventh-day Adventist Church (SPD) Ltd T/A Seventh-day Adventist Church has
applied pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth) to extend the Seventh-day Adventist Church (SPD)
Ltd – Wahroonga Site Administrative Support Employees Collective Agreement (the
Agreement).
[2] The application is made in accordance with subitem 20A(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 under subitem (6)(a) 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
[2024] FWCFB 217 [Note: A copy of the zombie agreement to which this
decision relates (AC311762) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AC311762.pdf
[2024] FWCFB 217
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for a replacement agreement and we consider that an extension until 1 July 2024 is sufficient
time for a replacement agreement to be made and approved.
[5] 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 1 July 2024.
[6] 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
AC311762 PR773761
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[2023] FWCFB 122.
THE FAIR WORKS LUSTRAL AMISSION THE SE
https://www.fwc.gov.au/documents/awardsandorders/pdf/pr773761.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
