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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
DPV HEALTH Ltd
(AG2024/2136) and (AG2024/2137)
PLENTY VALLEY COMMUNITY HEALTH INC AND HSU DISABILITY
SERVICES UNION COLLECTIVE AGREEMENT 2006-2009
PLENTY VALLEY COMMUNITY HEALTH DISABILITY SERVICES
VICTORIA (PART 1) COLLECTIVE AGREEMENT 2008
Health industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 4 NOVEMBER 2024
Application to extend the default period for the Plenty Valley Community Health Inc and HSU
Disability Services Union Collective Agreement 2006-2009 and Plenty Valley Community
Health Disability Services Victoria (Part 1) Collective Agreement 2008
[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth), DPV Health Ltd has applied to extend the default
period for two Agreements; Plenty Valley Community Health Inc and HSU Disability Services
Union Collective Agreement 2006-2009 (AC312375) and Plenty Valley Community Health
Disability Services Victoria (Part 1) Collective Agreement 2008 (AC314652) (the
Agreements).
[2] Earlier applications were made pursuant to 20A(4) of Sch 3 to the Transitional Act to
extend the default periods of the Agreements. In a decision issued on 21 March 2024 the Full
Bench considered that the requirements in subitem (6)(a) were met and it was appropriate in
the circumstances to extend the Agreements. The Full Bench ordered that the default period for
the Agreements be extended until 6 July 2024 to allow time for a replacement agreement to be
made and approved.1
[3] The current applications seek to further extend the default period for the Agreements
until 2 December 2024. The application is made on the basis that bargaining for a replacement
agreement is continuing and that it is appropriate to extend the agreements to allow that
[2024] FWCFB 416 [Note: A copy of the zombie agreements to which this
decision relates (AC312375) (AC314652) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
[2024] FWCFB 416
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bargaining to proceed without there being changes to the employees’ current terms conditions
of employment. The Health Service Union is a bargaining representative for the replacement
agreement and it supports the applications.
[4] The Full Bench in ISS Health Services Pty Ltd2 described the requirements that
must be met for an application to extend the default period where bargaining for a replacement
agreement is made.
[5] We are satisfied on the material provided that the requirements in subitem (6)(a) are met
and that it is appropriate to extend the default period. The applicant has been bargaining for a
replacement agreement and while it has taken longer than anticipated to finalise negotiations
we consider that an extension until the 2 December 2024 is appropriate and allows sufficient
time for replacement agreements to be made and approved.
[6] Pursuant to item 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth), we order that the default periods for the
Agreements are extended until 2 December 2024.
[7] The Agreements are 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
PR780903
1 [2024] FWCFB 174
2 [2023] FWCFB 122
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb174.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb122.pdf
