1
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional
instruments
Hermes Australia Pty Ltd T/A Hermes
(AG2024/1988)
HERMES AUSTRALIA - WORKPLACE AGREEMENT
Retail industry
DEPUTY PRESDIENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 17 SEPTEMBER 2024
Application to extend the default period for the Hermes Australia - Workplace Agreement
2007
[1] Hermes Australia Pty Ltd T/A Hermes (the Applicant) has applied to extend the default
period for the Hermes Australia - Workplace Agreement 2007 (Agreement) pursuant to subitem
20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments)
Act 2009 (Cth).
[2] An earlier application was made to extend the default period of the Agreement. In a
decision issued on 28 Feburary 2024 the Full Bench considered that the requirements in subitem
20A(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 until 6 June 2024 to
allow time for a replacement agreement to be made and approved.1
[3] The current application, lodged on 4 June 2024, seeks to extend the agreement until 6
September 2024, or the date which is 7 days after the Applicant’s new enterprise agreement is
approved by the Fair Work Commission. The application was made, in accordance with subitem
20A(6)(b), on the ground that it is reasonable in the circumstances to extend the default period
where an enterprise agreement has been made that covers the same employees covered by the
Agreement and an application has been made to have the replacement agreement approved by
the Commission under the Fair Work Act 2009. An application to approve the replacement
agreement was lodged with the Commission on 6 June 2024. At the time the current application
was made the replacement agreement had not yet been approved by the Commission.
[4] The Commission has since approved the replacement agreement.2 The replacement
agreement commenced operation on 27 August 2024.
[2024] FWCFB 375 [Note: A copy of the zombie agreement to which this
decision relates (AC305797) is available on our website]
DECISION
AUSTRALIA FairWork Commission
[2024] FWCFB 375
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[5] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the
default period for the Agreement.
[6] Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period
for the Agreement is extended until 27 August 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
AC305797 PR779302
1 [2024] FWCFB 113
2 [2024] FWCA 1807.
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb113.pdf
