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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
The Parkside Foundation Pty Ltd T/A Parkside Foundation
(AG2024/1045 and AG2024/1046)
THE PARKSIDE FOUNDATION SUPPORT WORKERS COLLECTIVE
AGREEMENT 2009
THE PARKSIDE FOUNDATION MANAGERS AND COORDINATORS
COLLECTIVE AGREEMENT 2009
Health and welfare services
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
COMMISSIONER CRAWFORD
SYDNEY, 11 JUNE 2024
Application to extend the default periods for The Parkside Foundation Support Workers
Collective Agreement 2009 and The Parkside Foundation Managers and Coordinators
Collective Agreement 2009
[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth), the Parkside Foundation Pty Ltd T/A Parkside
Foundation has applied to extend the default periods for the The Parkside Foundation Support
Workers Collective Agreement 2009 (AC325305) and The Parkside Foundation Managers and
Coordinators Collective Agreement 2009 (AC325181) (the Agreements).
[2] The Applicant lodged earlier applications in November 2023 pursuant to 20A(4) of Sch
3 to the Transitional Act to extend the default periods of the Agreements. In a decision issued
on 28 February 2024 the Full Bench considered that the requirements in subitem (6)(a) were
met and it was appropriate in the circumstances to extend the Agreement. The Full Bench
ordered that the default period for the Agreement be extended until 6 April 2024 to allow time
for a replacement agreement to be made and approved.1
[3] The current applications lodged on 2 April 2024 seek to extend the Agreements until 6
December 2024. The applications were made, in accordance with subitem (6)(b), on the ground
that it is reasonable in the circumstances to extend the default periods in circumstances where
an enterprise agreement has been made that covers the same employees covered by the
[2024] FWCFB 284 [Note: A copy of the zombie agreements to which this
decision relate (AC325305 and AC325181) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvSGlzdG9yaWNhbC8yMDEwLTIwMjEvMjAxMC8xL2NhZW4wOTYyMDIyMDkucGRm0?sid=&q=AC325305
https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvSGlzdG9yaWNhbC8yMDEwLTIwMjEvMjAxMC8xL2NhZW4wOTYxOTY1MjgucGRm0?sid=&q=AC325181
[2024] FWCFB 284
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Agreement and an application has been made to have the replacement agreement approved by
the Commission under the Fair Work Act 2009. An application to approve the agreement which
was proposed to replace both zombie agreements was lodged with the Commission on 8 April
2024. At the time the current applications were made the replacement agreement had not yet
been approved by the Commission.
[4] The Commission has since approved the replacement agreement.2 The replacement
agreement commenced operation on 23 May 2024. The purpose of this further extension is to
ensure the Agreement continued to apply for the period between the extended date of 6 April
2024 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 periods for the Agreements.
[6] Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default
periods for the Agreements are extended until 23 May 2024.
[7] The Agreements are 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
PR775863
1 [2024] FWCFB 116.
2 [2024] FWCA 1798.
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb116.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca1798.pdf
