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
Skytraders Pty Ltd
(AG2024/2401)
SKYTRADERS (PILOTS) COLLECTIVE AGREEMENT 2007
Airline operations
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 5 FEBRUARY 2025
Application to extend the default period for the Skytraders (Pilots) Collective Agreement 2007
[1] Skytraders 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 Skytraders (Pilots) Collective Agreement
2007 (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. In a decision issued on 21 March 2024 the
Full Bench considered that as the Applicants were engaged in bargaining for a replacement
agreement the requirements in subitem 20A(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
replacement agreement has not yet been approved by the Commission. The Applicant has asked
that the Agreement be extended until 1 April 2025 to allow time for the replacement agreement
to be approved by the Commission. We consider, in accordance with subitem 20A(6)(b), that
it is reasonable in the circumstances to extend the default period.
[4] We will extend the Agreement until 1 April 2025. Should the replacement agreement
be approved before then the Agreement will be replaced by that agreement. If the approval
1[2024] FWCFB 182
[2025] FWCFB 23 [Note: a correction has been issued to this document. A
copy of the zombie agreement to which this decision relates (AC310603) is
available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb23_PR784065.pdf
https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvSGlzdG9yaWNhbC8yMDA5LzIwMDkvNi9jYWVuMDczNzIwNjc4LnBkZg2?sid=&q=AC310603
[2025] FWCFB 23
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application is unsuccessful the Agreement will terminate on 1 April 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 the Agreement is extended until 1 April 2025.
[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
AC310603 PR784007
OF THE FAIR WORK L MISSION THE SEA
