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
Jesuit Social Services Limited T/A Jesuit Social Services
(AG2024/2189)
JESUIT SOCIAL SERVICES COLLECTIVE AGREEMENT (2006-2009)
Health and welfare services
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 17 SEPTEMBER 2024
Application to extend default period for the Jesuit Social Services Collective Agreement (2006
– 2009)
[1] Jesuit Social Services Limited T/A Jesuit Social Services (the Applicant) has applied
to extend the default period for the Jesuit Social Services Collective Agreement (2006 – 2009)
(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 1 February 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 seeks to extend the agreement until 30 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(4), 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. 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 21 August 2024.
[2024] FWCFB 376 [Note: A copy of the zombie agreement to which this
decision relates (AC305803) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
[2024] FWCFB 376
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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 21 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
AC305803 PR779304
1 [2024] FWCFB 29
2 [2024] FWCA 2988
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb29.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca2988.pdf
