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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
Australian Education Union (284V)
(AG2023/4857)
CARINYA SOCIETY DISABILITY SERVICES VICTORIA
AGREEMENT 2008
Educational services industry
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
COMMISSIONER CRAWFORD
SYDNEY, 22 APRIL 2024
Application to extend the default period for the Carinya Society and HSU Disability Services
Union Collective Agreement 2006 – 2009
[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009, the Australian Education Union applied to extend the
default period for the Carinya Society Disability Services Victoria (Part 1) Enterprise
Agreement 2005 (the 2005 Agreement).
[2] The Respondent Employer informed us that the 2005 Agreement was replaced by the
Carinya Society Disability Services Victoria (Part 1) Enterprise Agreement 2008 (the 2008
Agreement). On that basis we will take the application as an application to extend the 2008
Agreement.
[3] The 2008 Agreement would have terminated in accordance with subitem 20A(1) on 6
December 2023 if no application under subitem 20A(4) to extend it had been made. Pursuant
to subitem 20A(11) the Agreement continued to operate pending our decision in this matter.
[4] 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
2008 Agreement.1
[5] The replacement agreement commenced operation on 23 January 2024.
[2024] FWCFB 218 [Note: A copy of the zombie agreement to which this
decision relates (AC314740) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AC314740.pdf
[2024] FWCFB 218
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[6] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the
default period for the Agreement.
[7] 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 23 January 2024.
[8] 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
AC314740 PR773762
1 [2024] FWCA 184.
THE FAIR WORKS LUSTRAL AMISSION THE SE
https://www.fwc.gov.au/documents/awardsandorders/pdf/pr773762.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca184.pdf
