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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
Davbridge Properties T/A Davbridge Constructions
(AG2024/1044)
DAVBRIDGE PROPERTIES PTY LTD T/A DAVBRIDGE
CONSTRUCTIONS COLLECTIVE AGREEMENT 2009
Building, metal and civil construction industries
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
COMMISSIONER CRAWFORD
SYDNEY, 2 JULY 2024
Application to extend the default period for the Davbridge Properties Pty Ltd T/A Davbridge
Constructions Collective Agreement 2009
[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth), Davbridge Properties T/A Davbridge
Constructions has applied to extend the default period for the Davbridge Properties Pty Ltd T/A
Davbridge Constructions Collective Agreement 2009 (the Agreement).
[2] An earlier application was made pursuant to 20A(4) of Sch 3 to the Transitional Act to
extend the default period of the Agreement. In a decision issued on 19 January 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 application lodged on 2 April 2024 seeks to extend the agreement until 6
July 2024. The application was made, in accordance with subitem (6)(b), on the ground that it
is reasonable in the circumstances to extend the default period in circumstances where an
enterprise agreement has been made that covers the same employees covered by the 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 replacement
agreement was lodged with the Commission on 4 April 2024. At the time the current application
was 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 the extension is to ensure
[2024] FWCFB 300 [Note: A copy of the zombie agreement to which this
decision relates (AC324688) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/ac324688.pdf
[2024] FWCFB 300
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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 period for the Agreement.
[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 23 May 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
AC324688 PR776656
1 [2024] FWCFB 10.
2 [2024] FWCA 1807.
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb10.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca1807.pdf
