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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
Feathers Boutique Pty Ltd T/A Feathers Boutique
(AG2023/4979)
FEATHERS BOUTIQUE EMPLOYMENT AGREEMENT 2003
Wholesale and retail trade industry
DEPUTY PRESIDENT SLEVIN
COMMISSIONER CRAWFORD
COMMISSIONER TRAN
SYDNEY, 22 APRIL 2024
Application to extend the default period for the Feathers Employment Agreement 2003
Introduction
[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009, Feathers Boutique Pty Ltd T/A Feathers Boutique
applied to extend the default period for the Feathers Employment Agreement 2003 (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 25 March 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.
[5] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the
default period for the Agreement. Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we
[2024] FWCFB 226
DECISION
AUSTRALIA FairWork Commission
[2024] FWCFB 226
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order that the default period for the Agreement is extended until 7 days after the approval
decision of the new replacement agreement on 25 March 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
AG827260 PR773817
1 [2024] FWCA 941.
THE SEAL OF TH NOISSINNO MORK COMMISSION
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca941.pdf
