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
Royal Rehab (formerly known as Royal Rehabilitation Centre Sydney)
(AG2024/4807)
NAMED NSW (NON-DECLARED) AFFILIATED HEALTH
ORGANISATIONS' MEDICAL OFFICER AGREEMENT
THE NSW (NON-DECLARED) AFFILIATED HEALTH
ORGANISATIONS' HEALTH EMPLOYEES AGREEMENT
THE NAMED NSW (NON-DECLARED) AFFILIATED HEALTH
ORGANISATIONS' PROFESSIONAL AND ASSOCIATED STAFF
AGREEMENT
THE NSW (NON-DECLARED) AFFILIATED HEALTH
ORGANISATIONS' STAFF SPECIALIST AGREEMENT 2009
Health and Welfare Services
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 15 JANUARY 2025
Application to extend the default period for the Named NSW (Non-Declared) Affiliated Health
Organisations' Medical Officer Agreement, the NSW (Non-Declared) Affiliated Health
Organisations' Health Employees Agreement, the Named NSW (Non-Declared) Affiliated
Health Organisations' Professional and Associated Staff Agreement and the NSW (Non-
Declared) Affiliated Health Organisations' Staff Specialist Agreement 2009
[1] Royal Rehab (formerly known as Royal Rehabilitation Centre Sydney) has applied
pursuant to 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 four agreements; Named NSW (Non-Declared) Affiliated Health Organisations'
Medical Officer Agreement (AE874493), the NSW (Non-Declared) Affiliated Health
Organisations' Health Employees Agreement (AE874495), the Named NSW (Non-Declared)
Affiliated Health Organisations' Professional and Associated Staff Agreement (AE874496) and
[2025] FWCFB 11 [Note: A copy of the zombie agreement to which this
decision relates (AE874493, AE874495, AE874496 and AE880577) is
available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvMjAxMC8zL2FlODc0NDkzLnBkZg2?sid=&q=AE874493
https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvMjAxMC8zL2FlODc0NDk1LnBkZg2?sid=&q=AE874495
https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvMjAxMC8zL2FlODc0NDk2LnBkZg2?sid=&q=AE874496
https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvMjAxMC85L2FlODgwNTc3LnBkZg2?sid=&q=AE880577
[2025] FWCFB 11
2
the NSW (Non-Declared) Affiliated Health Organisations' Staff Specialist Agreement 2009
(AE880577) (the Agreements).
[2] An earlier application was made pursuant to 20A(4) of Sch 3 to the Transitional Act to
extend the default periods of the Agreements. In a decision issued on 9 April 2024 the Full
Bench considered that as the Applicant was 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 Agreements.1
[3] A replacement agreement that will cover the employees currently covered by the
Agreements has been made and an application has been 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 Agreements while the application for the replacement
agreement is considered. 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.
[4] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the
default period for the Agreements. We will extend the Agreements 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.
[5] Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period
for each of the Agreements 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
PR783307
1 [2024] FWCFB 203
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb203.pdf
