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
Kimberley Accommodation (East) Pty Ltd
Kimberley Accommodation (West) Pty Ltd
(AG2024/4767)
KIMBERLEY ACCOMMODATION MULTI-ENTERPRISE
BARGAINING AGREEMENT 2009
Hospitality industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 15 JANUARY 2025
Application to extend the default period for the Kimberley Accommodation Multi-Enterprise
Bargaining Agreement 2009
[1] Kimberley Accommodation (East) Pty Ltd and Kimberley Accommodation (West) Pty
Ltd (the Applicants) have applied pursuant to subitem 30A(4) of Sch 7 to the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the
Transitional Act), to extend the default period for the Kimberley Accommodation Multi-
Enterprise Bargaining Agreement 2009 (the Agreement).
[2] An earlier application was made pursuant to 30A(4) of Sch 7 to the Transitional Act to
extend the default period of the Agreement. In a decision issued on 22 March 2024 the Full
Bench considered that as the Applicants were engaged in bargaining for a replacement
agreement the requirements in subitem (6)(a) were met and it was appropriate in the
circumstances to extend the Agreement.1
[3] A replacement agreement has now been made and an application has been lodged
pursuant to s. 185 of the Fair Work Act 2009 (FW Act) for the approval of that agreement. The
current application seeks to extend the Agreement until the replacement agreement is approved.
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. At the time the current application was made
the replacement agreement had not yet been approved by the Commission.
[2025] FWCFB 9 [Note: A copy of the zombie agreement to which this
decision relates (AE874717) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvMjAxMC8zL2FlODc0NzE3LnBkZg2?sid=&q=AE874717
[2025] FWCFB 9
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[4] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the
default period for the Agreement. We will extend the Agreement until 14 March 2025. Should
the replacement agreement be approved the Agreement will be replaced by that agreement. If
the approval application is unsuccessful the Agreement will terminate on 14 March 2025 and
the relevant modern award will apply.
[5] Pursuant to item 30(4) of Sch 7 to the Transitional Act, we order that the default period
for the Agreement is extended until 14 March 2025.
[7] The Agreement is published, in accordance with subitem 30(9A), on the Fair Work
Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE874717 PR783302
1 [2024] FWCA 1032
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/agreements/approved/AE874717.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca1032.pdf
