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Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3A, Item 26A(4) - Application to extend default period for Division 2B State
employment agreement
Opalbay Pty Ltd
(AG2023/4878)
OPALBAY PTY LTD CERTIFIED AGREEMENT 2005
Agricultural industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
COMMISSIONER ALLISON
SYDNEY, 29 APRIL 2024
Application to extend the default period for the Opalbay Pty Ltd Certified Agreement 2005
Introduction
[1] Opalbay 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
Opalbay Pty Ltd Certified Agreement 2005 (the Agreement). The Agreement was certified on
27 May 2005 under s 156 of the Industrial Relations Act 1999 (Qld). It is a Division 2B State
employment agreement for the purposes of item 5 of Schedule 3A of the Transitional Act. It is
also a collective agreement-based transitional instrument for the purposes of the Transitional
Act. Item 26A is relevantly in identical terms to item 20A of Sch 3 to the Transitional Act.
[2] We have considered the application as if it were made pursuant to subitem 26A(6)(a) of
Schedule 3A on the grounds that bargaining is occurring for a proposed enterprise agreement
that will cover the same, or substantially the same, group of employees that 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
[2024] FWCFB 240 [Note: A copy of the zombie agreement to which this
decision relates (AG540004) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AG540004.pdf
[2024] FWCFB 240
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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.
[5] Pursuant to item 26A(6)(a) of Sch 3A 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.
[6] The Agreement is published, in accordance with subitem 26A(10A)(c) of Sch 3A, on
the Fair Work Commission’s website
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AG540004 PR774306
1 [2023] FWCFB 122.
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
