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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
Gateways Support Services Inc
(AG2024/1844)
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 Gateways Support Services Inc and Health
Services Union of Australia Disability Services Sector Certified Agreement 2005
[1] Pursuant to item 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth), an application has been made by Gateways
Support Services Inc. to extend the default period for the Gateways Support Services Inc and
Health Services Union of Australia Disability Services Sector Certified Agreement 2005 (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 1 July 20241. The Applicant seeks a further extension to allow
a replacement agreement to be finalised. An in-principle agreement has been reached and is
expected to be put to a vote of employees in the coming weeks. The Health Services Union of
Australia is a bargaining representative for the employees, and it supports the extension.
[4] We are satisfied on the material provided that the requirements in subitem (6)(a) are met
and that given an in-principle agreement has been reached it is appropriate to extend the default
period. We do not consider the extension needs to be until 1 January 2025 and consider that an
extension until 6 October 2024 is sufficient time for a replacement agreement to be finalised
and approved.
[2024] FWCFB 329 [Note: A copy of the zombie agreement to which this
decision relates (AG847499) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/AG847499.pdf
[2024] FWCFB 329
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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 6 October 2024.
[6] 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
AG847499 PR777779
1 [2023] FWCFB 243
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb243.pdf
