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
Fuad Mimic
(AG2024/4398)
FERRO CORPORATION (AUST) PTY LIMITED MOORABBIN PLANT
ENTERPRISE AGREEMENT 2006
Manufacturing and associated industries
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 5 FEBRUARY 2025
Application to extend the default period for the Ferro Corporation (Aust) Pty Limited
Moorabbin Plant Enterprise Agreement 2006
[1] Mr Fuad Mimic (the Applicant) 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 Ferro Corporation (Aust) Pty Limited
Moorabbin Plant Enterprise Agreement 2006 (the Agreement).
[2] An earlier application was made pursuant to item 20A(4) of Sch 3 to the Transitional
Act to extend the default period of the Agreement. That application was made by Mr Ross
Gibson another employee whose employment was covered by the Agreement. Mr Wilson has
since retired. Mr Mimic’s circumstances were also considered as part of that application. In a
decision issued on 20 October 20231 we were satisfied for the purposes of item 20A(9) that it
was likely that, as at the time the application was made, Mr Mimic would be better off overall
if the Agreement applied to his employment than if the relevant modern award, the Storage
Services and Wholesale Award 2020 (Storage Award), applied. We found that it was otherwise
appropriate in the circumstances to extend the Agreement and did so for a period of 12 months.
We extended the Agreement to allow negotiations to be finalised to secure the employees’ terms
and conditions in a modern instrument.
[3] In the current application Mr Mimic was represented by the Australian Workers’ Union.
The union informed us that the parties had not been able to reach an agreement to secure Mr
Mimic’s entitlements under another instrument. In those circumstances Mr Mimic seeks that
the Agreement be extended for 3 years. It is expected that he will retire during that period. Mr
[2025] FWCFB 24 [Note: A copy of the zombie agreement to which this
decision relates (AC301276) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvSGlzdG9yaWNhbC8yMDA5LzIwMDkvNi9jYXVuMDY1MDAxNDkucGRm0?sid=&q=AC301276
[2025] FWCFB 24
2
Mimic is the only employee to whom the Agreement applies. Ferro Corporation (Aust) Pty
Limited does not oppose the application.
[4] For the reasons set out in our earlier decision we are satisfied that it is likely that, as at
the time the application was made, Mr Mimic would be better off overall if the Agreement
applied to his employment than if the Storage Award applied. We also find that it is otherwise
appropriate to extend the Agreement. In Application by Margaret Helen McDonald2 we found
it was appropriate to extend a zombie agreement to ensure an employee’s terms and conditions
remain unchanged pending retirement. The same reasoning applies here. We also note that the
employer does not oppose the extension.
[5] We will extend the Agreement until 6 December 2027.
[6] Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period
for the Agreement is extended until 6 December 2027.
[7] The Agreement is published, in accordance with subitem 20(10A), on the Fair Work
Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AC301276 PR784009
1 [2023] FWCFB 192
2 [2024] FWCFB 175
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb192.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb175.pdf
