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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
Princess Theatre Discretionary Trust T/A Marriner Group
(AG2024/4817)
MARRINER EVENTS COLLECTIVE AGREEMENT 2007 – 2011
Live performance industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 15 JANUARY 2025
Application to extend the default period for the Marriner Events Collective Agreement 2007
[1] Princess Theatre Discretionary Trust T/A Marriner Group 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 Marriner Events Collective Agreement 2007 (the Agreement).
[2] An earlier application was made pursuant to 20A(4) of Sch 3 to the Transitional Act to
extend the default period of the Agreement. In a decision issued on 31 January 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 Agreement.1
[3] A replacement agreement has now 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 Agreement while 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.
[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.
[2025] FWCFB 10 [Note: A copy of the zombie agreement to which this
decision relates (AC305119) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvMjAwOS82L2FjMzA1MTE5LnBkZg2?sid=&q=AC305119
[2025] FWCFB 10
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[5] Pursuant to item 20A(4) of Sch 3 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 20A(10A)(c), on the Fair Work
Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AC305119 PR783304
1 [2024] FWCFB 9
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb9.pdf
