1
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional
instrument
TMC AUSTRALIA PTY LTD
(AG2023/4851)
TMC AUSTRALIA PTY LTD COLLECTIVE AGREEMENT (2006)
Gardening services industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
COMMISSIONER ALLISON
SYDNEY, 22 APRIL 2024
[1] TMC Australia Pty Ltd 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
TMC Australia Pty Ltd Collective Agreement (2006) (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
for a replacement agreement and we consider that an extension until 30 June 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 30 June 2024.
[6] The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair
Work Commission’s website.
[2024] FWCFB 223 [Note: A copy of the zombie agreement to which this
decision relates (AC301471) is available on our website.]
DECISION
THE FAIR WORK CO L IMISSION THE SEAL
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AC311762.pdf
[2024] FWCFB 223
2
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AC301471 PR773802
1 [2023] FWCFB 122.
https://www.fwc.gov.au/documents/awardsandorders/pdf/pr773802.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
