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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
Somerville Community Services
(AG2024/806)
SOMMERVILLE COMMUNITY SERVICES INC EMPLOYEE
COLLECTIVE AGREEMENT 2008
Health and welfare services
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
COMMISSIONER CRAWFORD
SYDNEY, 15 JULY 2024
Application to extend the default period for the Somerville Community Services Inc Employee
Collective Agreement 2008.
[1] Somerville Community Services Inc (Somerville) has applied, pursuant to item 20A(4)
of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
(Cth) (Transitional Act), to extend the default period for the Somerville Community Services
Inc Employee Collective Agreement 2008 (Agreement). The Agreement was approved in
accordance with s.170LT of the Workplace Relations Act 1996. It is an agreement-based
transitional instrument to which item 20A applies.
[2] Somerville lodged an earlier application pursuant to item 20A(4) of Sch 3 to the
Transitional Act to extend the default period of the Agreement (the First Application). In a
decision issued on 9 November 2023 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 by 4 months until 6 April
2024 to allow time for the parties to finalise a replacement enterprise agreement.1
[3] The current application seeks to extend the Agreement until 30 September 2024. The
application was made, in accordance with subitem (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.
[4] The United Workers’ Union and the Australian Services Union are both bargaining
representatives in the negotiations for a replacement agreement and they both support the
extension submitting that the continuation of the Agreement will assist the parties to continue
to bargain in good faith towards finalising the replacement agreement. Somerville has provided
[2023] FWCFB 310 [Note: A copy of the zombie agreement to which this
decision relates (AC320754) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/ac320754.pdf
[2023] FWCFB 310
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a chronology of meetings and steps involved in finalising bargaining. The unions indicate that
they have been provided with a final draft of the proposed agreement and expect that a vote of
employees seeking their approval will occur in the near future.
[5] 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. We note that the parties are close to
finalising a replacement agreement and propose to grant the extension as sought.
[6] Pursuant to item 20A(6) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth), we order that the default period for the Agreement
is extended until 30 September 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
PR777023
1 [2023] FWCFB 208.
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb208.pdf
