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
The Trustee for SEBIRE FAMILY TRUST
(AG2024/4730)
Lincara Pty Ltd Workplace Agreement 2009
Horticultural Industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 5 FEBRUARY 2025
Application to extend the default period for the Lincara Pty Ltd Workplace Agreement 2009
[1] The Trustee for SEBIRE FAMILY TRUST trading as Lincara Pty Ltd (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 Lincara Pty Ltd Workplace Agreement 2009 (the Agreement). The application was made
on 29 November 2024. There was no earlier application to extend the Agreement.
[2] The Transitional Act was amended by the Fair Work Legislation Amendment (Secure
Jobs, Better Pay) Act 2022 (Cth) (SJBP Act) to provide for the automatic termination of all
transitional instruments. Item 20A of Sch 3 applies to transitional instruments. Such
agreements were described in the SJBP Act as ‘zombie’ agreements.
[3] Pursuant to items 20A(1) and (2) of sch 3, zombie agreements ceased to operate on
6 December 2023 (the end of the default period) unless extended by the Commission. The
main features of item 20A of Schedule 3 to the Transitional Act are described in detail in the
Full Bench decision in Suncoast Scaffold Pty Ltd1.
[4] As applications to extend the default period under item 20A(4) could only be made
before the end of the default period and no application was made before the end of the default
period that applied to this Agreement, being 6 December 2023, the Agreement has already
ceased to operate. The Transitional Act makes no provision for the extension of time for filing
such applications and there are no other provisions that permit the reviving of zombie
agreements once they have terminated. Consequently, we are unable to grant the application.
[5] The application is dismissed.
[2025] FWCFB 22
DECISION
AUSTRALIA FairWork Commission
[2025] FWCFB 22
2
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR784006
1 [2023] FWCFB 105 at [3] to [18]
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb105.pdf
