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Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 7, Item 30(4) - Application to extend default period for enterprise agreements made
during the bridging period
Kiama Community College Ltd
(AG2024/2686)
KIAMA COMMUNITY COLLEGE COLLECTIVE AGREEMENT 2009-
2013
Educational services
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 31 JULY 2024
Application to extend default period for Kiama Community College Collective Agreement
2009-2013
[1] Kiama Community College Ltd applies pursuant to subitem 20A(4) of Sch 3 to the Fair
Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (Transitional
Act), to extend the Kiama Community College Collective Agreement 2009-2013 (the
Agreement).
[2] The application is made in accordance with subitem 20A(6)(a) on the grounds 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
otherwise appropriate to do so.
[3] An earlier application seeking to extend the default period of the Agreement was
granted, extending the default period to 6 August 20241. The Applicant seeks a further extension
to allow a replacement agreement to be finalised. The extension sought is until 31 October
2024. The parties to the proposed replacement agreement have sought the assistance of the
Commission through the collaborative approaches program and are confident an agreement will
be finalised and approved by the Commission by 31 October 2024.
[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. The applicant has commenced bargaining
for a replacement agreement and we consider that an extension until 31 October 2024 is
sufficient time for a replacement agreement to be made and approved.
[2024] FWCFB 324 [Note: A copy of the zombie agreement to which this
decision relates (AC325292) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvSGlzdG9yaWNhbC8yMDEwLTIwMjEvMjAxMC8xL2NhZW4wOTYyMDEyMDgucGRm0?sid=&q=AC325292
[2024] FWCFB 324
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[5] 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 31 October 2024.
[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
AC325292 PR777730
1 [2024] FWCFB 194
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb194.pdf
