1
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional
instruments
Health Services Union (O51V)
(AG2023/4920)
CARINYA SOCIETY AND HSU DISABILITY SERVICES UNION
COLLECTIVE AGREEMENT 2006 – 2009
Health and welfare industry
DEPUTY PRESIDENT SLEVIN
COMMISSIONER LIM
COMMISSIONER TRAN
SYDNEY, 24 APRIL 2024
Application to extend the default period for the Carinya Society and HSU Disability Services
Union Collective Agreement 2006 – 2009
Introduction
[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009, the Health Services Union applied to extend the default
period for the Carinya Society and HSU Disability Services Union Collective Agreement 2006
– 2009 (the Agreement).
[2] The Agreement would have terminated in accordance with subitem 20A(1) on 6
December 2023 save that the 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 23 January 2024.
[5] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the
default period for the Agreement.
[2024] FWCFB 232 [Note: A copy of the zombie agreement to which this
decision relates (AC312530) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AC312530.pdf
[2024] FWCFB 232
2
[6] 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.
[7] 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
AC312530 PR773882
1 [2024] FWCA 184.
WORK THE SEAL OF TH DISSINK ISSION
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca184.pdf
