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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
Gellibrand Support Services Inc
(AG2024/1986)
GELLIBRAND SUPPORT SERVICES AGREEMENT 2009
Health and welfare services
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 1 AUGUST 2024
Application to extend the default period for the Gellibrand Support Services Agreement 2009
[1] Pursuant to subitem 30(4) of Sch 7 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth) (Transitional Act), Gellibrand Support Services
Inc has applied to extend the default period for the Gellibrand Support Services Agreement
2009 (the Agreement).
[2] The application is made in accordance with subitem 30(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
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 June 20241. The parties have been unable to finalise an
agreement in this timeframe. The Applicant seeks a further extension to allow a replacement
agreement to be finalised. The extension sought is until 6 September 2024.
[4] The Applicant explains that it is close to finalising an agreement and expects to do so
and have the agreement approved by 6 September 2024. We are satisfied on the material
provided that the requirements in subitem (6)(a) are met and given the short timeframe proposed
to finalise a replacement agreement it is appropriate to extend the default period.
[5] We consider that an extension until 6 September 2024 is sufficient time for a
replacement agreement to be finalised and approved.
[6] Pursuant to item 30(6) of Sch 7 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth), we order that the default period for the Agreement
is extended until 6 September 2024.
[2024] FWCFB 327 [Note: A copy of the zombie agreement to which this
decision relates (AE875022) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AE875022.pdf
[2024] FWCFB 327
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[7] The Agreement is published, in accordance with subitem 30(9A) of Sch 7, on the Fair
Work Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE875022 PR777777
1 [2024] FWCFB 210
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/agreements/approved/AE875022.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb210.pdf
