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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
Link MS Services Pty Limited
(AG2024/1964)
LINK MS COLLECTIVE AGREEMENT 2009
Clerical industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 1 AUGUST 2024
Application to extend the default period for the Link MS Collective Agreement 2009
Introduction
[1] Link MS Services Pty Limited has applied pursuant subitem 20A(4) of Sch 7 to the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
(Transitional Act), to extend the Link MS Collective Agreement 2009 (the Agreement).
[2] The application is made in accordance with subitem 20A(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 Applicant seeks a further extension
to allow a replacement agreement to be finalised. The extension sought is until 11 October
2024. The parties have been unable to finalise an agreement in the timeframe provided by the
earlier decision.
[4] We note the observation of the Full Bench in Application by Australian Municipal,
Administrative, Clerical and Services Union [2024] FWCFB 2712 that the Commission will
be reluctant to extend an Agreement in circumstances where the parties have failed to meet a
stated objective of finalising an agreement in a specified timeframe.
[5] The Financial Sector Union (FSU) is a bargaining representative for the replacement
agreement. It supports the application. The parties explain there have been regular meetings
towards reaching a replacement agreement. The Applicant expects that an agreement can be
finalised in coming weeks. The FSU submits that while the progress in bargaining has not
[2024] FWCFB 328 [Note: A copy of the zombie agreement to which this
decision relates (AC324242) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb271.pdf
https://www.fwc.gov.au/documents/agreements/approved/AC324242.pdf
[2024] FWCFB 328
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been as expeditious as it would like, there has been an acquisition of the company which
hindered progress. The FSU believes that the additional time will allow the parties time to
reach an agreement without its members being disadvantaged in the meantime.
[6] We are satisfied on the material provided that the requirements in subitem (6)(a) are
met and that given the expectations of the parties that the time sought will be sufficient to
reach agreement it is appropriate to extend the default period. We consider that an extension
until 11 October 2024 is sufficient time for a replacement agreement to be finalised and
approved.
[7] 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 11 October 2024.
[8] The Agreement is published, in accordance with subitem 20A(10A), on the Fair Work
Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AC324242 PR777778
1 [2024] FWCFB 216
2 [2024] FWCFB 271
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb216.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb271.pdf
