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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 agreements
Health Services Union, Tasmania Branch T/A Health and Community
Services Union (HACSU)
(AG2023/3791)
Social, community, home care and disability services
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 21 MAY 2024
Application to extend the default period for The Warrawee Women’s Shelter Enterprise
Agreement 2009
[1] Pursuant to subitem 26A(4) of Sch 3A to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth), the Health Services Union (HSU) has applied to
extend the default period for The Warrawee Women’s Shelter Enterprise Agreement 2009
(the Agreement).
[2] The application is made in accordance with subitem 26A(6)(a) on the ground 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 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.
[5] The parties are close to finalising the terms of a replacement agreement. In these
circumstances, we consider that an extension until 31 August 2024 is sufficient time for a
replacement agreement to be made and approved.
[6] Pursuant to item 26A(6) 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 31 August 2024.
[2024] FWCFB 263 [Note: A copy of the zombie agreement to which this
decision relates (AG570002) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AG570002.pdf
[2024] FWCFB 263
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[7] The Agreement is published, in accordance with subitem 26A (10A), on the Fair Work
Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AG570002 PR775211
1 [2023] FWCFB 122
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
