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
Independence Australia
(AG2024/2400)
PARAQUAD VICTORIA ENTERPRISE AGREEMENT 2008
Health and welfare services
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 8 NOVEMBER 2024
Application to extend the default period for the Paraquad Victoria Enterprise Agreement
2008
[1] Independence 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 Paraquad Victoria Enterprise
Agreement 2008 (the Agreement).
[2] A previous application was made on 20 November 2023 and an order was made on 20
March 2024 extending the default period for the Agreement to 28 June 20241. The extension
was granted as the Applicant was negotiating two enterprise agreements that would together
cover all of the employees covered by the Agreement.
[3] On 25 January 2024 the Commission approved the first of the replacement agreements.
The Independence Australia Group Retail & Distribution Enterprise Agreement 2023 (the first
replacement agreement) became operative on 1 February 20242 at which point the Agreement
ceased to apply to some of the employees.
[4] The second of the replacement agreements was expected to be finalised by 28 June 2024
but it was not. That agreement, the Independence Australia Group Services Enterprise
Agreement 2024, was not approved until 2 August 2024 and became operative from 8 August
2024.3
[5] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the
default period for the Agreement for the short period between 28 June 2024 and the
commencement of the Independence Australia Group Services Enterprise Agreement 2024.
[2024] FWCFB 422 [Note: A copy of the zombie agreement to which this
decision relates (AC316506) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
http://www.fwc.gov.au/documents/agreements/approved/AC316506.pdf
[2024] FWCFB 422
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[6] Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period
for the Agreement is extended to 8 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
AC316506 PR781052
1 [2024] FWCFB 172
2 [2024] FWCA 327
3 [2024] FWCA 2860
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb172.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca327.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca2860.pdf
