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
Justice Connect
(AG2024/3846)
PILCH STAFF AGREEMENT 2008
Social, community, home care and disability services
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 8 NOVEMBER 2024
Application to extend the default period for the PILCH Staff Agreement 2008
[1] Justice Connect (the Applicant) has applied to extend the default period of the PILCH
Staff Agreement 2008 (the Agreement) pursuant to subitem 20A(4) of Sch 3 to the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the
Transitional Act).
[2] Two previous applications have been made by the Applicant to extend the Agreement.
First, on 6 February 2024 an order was made extending the default period for the Agreement to
6 June 20241.
[3] Second, on 31 July 2024 a further order was made extending the default period for the
Agreement to 6 October 20242.
[4] Both extensions were granted on the ground that the Applicant was engaged in
bargaining for a replacement agreement.
[5] The replacement agreement was expected to be finalised by 6 October 2024 but it was
not. That agreement, the Justice Connect Enterprise Agreement 2024 – 2028 was approved on
7 November 2024 and will be operative from 14 November 2024.3
[6] 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 6 October 2024 and the
commencement of the Justice Connect Enterprise Agreement 2024 – 2028.
[7] We order that the default period for the Agreement is extended to 14 November 2024
pursuant to item 20A(4) of Sch 3 to the Transitional Act,.
[2024] FWCFB 424 [Note: A copy of the zombie agreement to which this
decision relates (AC317773) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
http://www.fwc.gov.au/documents/agreements/approved/AC317773.pdf
[2024] FWCFB 424
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[8] 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
AC317773 PR781061
1 [2024] FWCFB 53
2 [2024] FWCFB 325
3 [2024] FWCA 3886
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb53.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb325.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca3886.pdf
