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
Pentana Solutions Pty Ltd
(AG2024/2351)
Business equipment industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 4 NOVEMBER 2024
Application to extend the default period for Reynolds & Reynolds Workplace Agreement
(2005)
[1] This decision concerns an application made by Pentana Solutions Pty Ltd (Pentana)
pursuant to item 20A(4) of Schedule 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth) (Transitional Act) to extend the default period for
the Reynolds & Reynolds Workplace Agreement (2005) (the 2005 Agreement).
[2] An earlier application was made pursuant to 20A(4) of Sch 3 to the Transitional Act to
extend the default period of the Agreement. In a decision issued on 26 February 2024, the Full
Bench considered that the requirements in subitem (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 30 June 2024 to allow time for a replacement agreement to be
made and approved.1
[3] A replacement agreement has since been made and approved2, but not before 30 June
2024. The replacement agreement commenced on 30 July 2024. The current application seeks
to continue the operation of the 2005 Agreement until that date. The application is made, in
accordance with subitem (6)(b), on the ground that it is reasonable in the circumstances to
extend the default period for the period between 30 June 2024 and 30 July 2024.
[4] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the
default period for the Agreement.
[5] Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period
for the Agreement is extended until 30 July 2024.
[2024] FWCFB 417 [Note: A copy of the zombie agreement to which this
decision relates (AG841512) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
[2024] FWCFB 417
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[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
AG841512 PR780908
1 [2024] FWCFB 109
2 [2024] FWCA 2714
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb109.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca2714.pdf