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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
Hobart City Council
(AG2024/4626, AG2024/4627)
TATTERSALL’S HOBART AQUATIC CENTRE AGREEMENT 2006
TASMANIAN TRAVEL AND INFORMATION CENTRE ENTERPRISE
AGREEMENT 2009
Local Government Administration
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 15 JANUARY 2025
Application to extend the default period for the Tattersall’s Hobart Aquatic Centre Agreement
2006 and Tasmanian Travel and Information Centre Enterprise Agreement 2009
[1] Hobart City Council has applied pursuant to subitem 20A(4) of Sch 3 and subitem 30(4)
of Sch 7 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
(Cth) (the Transitional Act), to extend the default periods for the Tattersall’s Hobart Aquatic
Centre Agreement 2006 (AC300834) and the Tasmanian Travel and Information Centre
Enterprise Agreement 2009 (AE871556) (the Agreements).
[2] Earlier applications were made pursuant to the Transitional Act to extend the default
periods of the Agreements. In a decision issued on 15 February 2024 the Full Bench considered
that as the Applicant was engaged in bargaining for a replacement agreement to cover the
employees covered by the Agreements, the requirements in the Transitional Act were met and
it was appropriate in the circumstances to extend the default periods for the Agreements.1
[3] We are informed that a replacement agreement that will cover the employees covered
by the Agreements was made in December 2024 and an application is to be lodged with the
Commission pursuant to s. 185 of the Fair Work Act 2009 (FW Act) seeking the approval of
that agreement. The current application seeks to extend the Agreement while an application for
the approval of the replacement agreement is considered. The applications are made, in
accordance with subitem (6)(b), on the ground that it is reasonable in the circumstances to
extend the default period.
[2025] FWCFB 8 [Note: A copy of the zombie agreement to which this
decision relates (AE871556 and AC300834) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvMjAwOS85L2FlODcxNTU2LnBkZg2?sid=&q=AE871556
https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvMjAwOS82L2FjMzAwODM0LnBkZg2?sid=&q=AC300834
[2025] FWCFB 8
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[4] The Australian Municipal, Administrative, Clerical and Services Union (ASU) supports
the applications.
[5] We are satisfied for the purpose of the Transitional Act that it is reasonable to extend
the default periods for the Agreements while the replacement agreement is considered for
approval. We will extend the Agreement until 14 March 2025. Should the replacement
agreement be approved the Agreements will be replaced by that agreement. If the approval
application is unsuccessful the Agreements will terminate on 14 March 2025 and the relevant
modern award will apply.
[6] Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default
periods for each Agreement is extended until 14 March 2025.
[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
PR783299
1 [2024] FWCFB 83
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb83.pdf
