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
TMC Australia Pty Ltd
(AG2024/2390)
TMC AUSTRALIA PTY LTD COLLECTIVE AGREEMENT (2006)
Manufacturing and associated industries
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 8 NOVEMBER 2024
Application to extend the default period for the TMC Australia Pty Ltd Collective Agreement
(2006)
[1] TMC Australia Pty Ltd (the Applicant) has applied pursuant to subitem 20A(4) of Sch
3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
(the Transitional Act) to extend the default period for the TMC Australia Pty Ltd Collective
Agreement (2006)1 (the Agreement).
[2] A previous application was made on 5 December 2023 and an extension to the default
period was ordered to 30 June 2024.2 The extension was granted as bargaining was occurring
and it was anticipated that a replacement agreement would be made and approved by then. The
bargaining did not conclude by that date.
[3] A replacement agreement has now been made and approved. The application to approve
the replacement agreement was lodged with the Commission on 9 September 2024. On 31
October 2024 the Commission approved the replacement agreement. The TMC Australia Pty
Ltd Enterprise Agreement 2024 will operate from 7 November 20243.
[4] As the Agreement is to be replaced by a modern enterprise agreement, we are satisfied
that the requirement in subitem (6)(b) is met and it is reasonable to further extend the default
period.
[5] Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period
for the Agreement is extended to 7 November 2024.
[6] The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair
Work Commission’s website.
[2024] FWCFB 421 [Note: A copy of the zombie agreement to which this
decision relates (AC301471) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
http://www.fwc.gov.au/documents/agreements/approved/AC301471.pdf
[2024] FWCFB 421
2
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AC301471 PR781051
1 AC301471
2 [2024] FWCFB 223
3 [2024] FWCA 3806
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb223.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca3806.pdf
