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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
DGH ENGINEERING PTY LTD T/A DGH ENGINEERING
(AG2023/4402)
DGH ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2010
Manufacturing and associated industries
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
DEPUTY PRESIDENT GRAYSON
SYDNEY, 22 APRIL 2024
Application to extend the default period for the DGH Engineering Pty Ltd Enterprise
Agreement 2010
[1] DGH Engineering Pty Ltd T/A DGH Engineering has applied pursuant subitem 20A(4)
of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
(Cth) (Transitional Act), to extend the DGH Engineering Pty Ltd Enterprise Agreement 2010
(the Agreement). However, the Agreement is a single-enterprise agreement made during the
bridging period. Sch 7 applies to enterprise agreements made during the bridging period.
[2] We will consider the application as if it was made under made under subitem 30(4) of
Sch 7. Under subitem 30(1) the Agreement was to terminate on 6 December 2023.
[3] The application is made 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.
[4] 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.
[5] 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 220 [Note: A copy of the zombie agreement to which this
decision relates (AE873401) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AE873401.pdf
[2024] FWCFB 220
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[6] Pursuant to item 30(4) of Sch 7 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth), we order that the default period for the Agreement
is extended until 6 June 2024.
[7] 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
AE873401 PR773796
1 [2023] FWCFB 122.
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/agreements/approved/AE873401.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
