Application by DM & MT Nolan Pty Ltd - [2024] FWCFB 206

[2024] FWCFB 206 

 

The attached document replaces the document previously issued with the above code on 10 

April 2024 in accordance with the Order in PR774457 

 

1. All references to the Nolstaff (Gatton) Enterprise Agreement 2009 are deleted. 

2. The reference to AG2023/4353 is deleted. 

3. The three paragraphs following [1]-[3] are renumbered [4], [5], [6] respectively. 

4. All references to ‘Agreements’ in [1], [3], [4], [5] and [6] are deleted and replaced with  

‘Agreement’. 

5. A decision in relation to AG2023/4353 has been issued as [2024] FWCFB 249 

 

 

George Liakopoulos 

Associate to Deputy President Wright 

 

Dated 2 May 2024 

 















 

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 

Application by DM & MT Nolan Pty Ltd 
(AG2023/4354) 

 

NOLSTAFF EMPLOYEE COLLECTIVE AGREEMENT 2008 

(INTERSTATE) 

Private transport industry 

 

DEPUTY PRESIDENT WRIGHT 

DEPUTY PRESIDENT SLEVIN 

DEPUTY PRESIDENT GRAYSON 

SYDNEY, 10 APRIL 2024 

Application to extend the default period for the Nolstaff Employee Collective Agreement 2008 
(Interstate) 

 

Introduction 

 

[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and 

Consequential Amendments) Act 2009, DM & MT Nolan Pty Ltd has applied to extend the 

default period for the Nolstaff Employee Collective Agreement 2008 (Interstate) (the 

Agreement). Under subitem 20A(1) the Agreement was to terminate on 6 December 2023.  

 

[2] The application was made, in accordance with subitem (6)(a), on the grounds that 

subitem (7) applied. However since making the application, the Applicant has negotiated a 

replacement agreement with its employees.  

 

[3] The Commission has since approved the replacement agreement.1 The purpose of the 

extension is to ensure the Agreement continues to apply until the replacement enterprise 

agreement commences. The replacement agreement commences on 7 May 2024. 

 

[4] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the 

default period for the Agreement in these circumstances. 

 

[5] Pursuant to item 20A(4)  of  Sch  3  to  the Transitional Act, we order that the default 

period for the Agreement is extended until 6 May 2024.   

 

 
1[2024] FWCA 1215 

[2024] FWCFB 206 [Note: A copy of the zombie agreement to which this 

decision relates (AC324053) is available on our website.] 

DECISION 


AUSTRALIA FairWork Commission




 

https://www.fwc.gov.au/documents/agreements/approved/AC324053.pdf


[2024] FWCFB 206 

 

2 

[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 

 

AC324053 PR773361 

 

 


OF THE FAIR WORK L MISSION THE SEA

Cases cited by this decision: