[2024] FWCFB 219
The attached document replaces the document previously issued with the above code on 22
April 2024.
The title of the Agreement referred to in paragraph [1] has been amended to reflect the correct
title of the Agreement, the Harvest Moon (Casual Employees) Enterprise Agreement 2009.
Associate to Deputy President Wright
Dated 22 April 2024
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
Harvest Moon T/A Forth Farm Produce
(AG2023/3923)
HARVEST MOON (CASUAL EMPLOYEES) ENTERPRISE
AGREEMENT 2009
Agricultural industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 22 APRIL 2024
Application to extend the default period for the Harvest Moon (Casual Employees) Enterprise
Agreement 2009
Introduction
[1] Harvest Moon T/A Forth Farm Produce applies pursuant to subitem 30(4) of Sch 7 to
the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
(Transitional Act) to extend the default period for the Harvest Moon (Casual Employees)
Enterprise Agreement 2009 (the Agreement). The application was made under the wrong
Schedule to the Transitional Act as Sch 7 applies to enterprise agreements made during the
bridging period. The bridging period is 1 July 2009 to 1 January 2010. The Agreement is a
collective agreement-based transitional instrument and item 20A of Sch 3 applies. We will
consider the application as if it was made under made under subitem 20A(4) of Sch 3. Under
subitem 20A(1) the Agreement was to terminate on 6 December 2023.
[2] The Agreement would have terminated in accordance with subitem 20A(1) on 6
December 2023 save that an application under subitem 20A(4) to extend the Agreement has
been made. The Agreement continued pending our decision in that application.
[3] Subitem 20A(6)(b), allows the Commission to extend on the ground that it is reasonable
in the circumstances to do so. The circumstances here are that since the application was made
an enterprise agreement has been approved by the Commission under the Fair Work Act 2009
which covers the same, or substantially the same, group of employees as are covered by the
Agreement.1
[2024] FWCFB 219
DECISION
AUSTRALIA FairWork Commission
[202X] FWCFB 219
2
[4] The replacement agreement commenced operation on 27 March 2024.
[5] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the
default period for the Agreement.
[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 7 days after the approval decision of the new replacement
agreement on 27 March 2024.
[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
AC324156 PR773789
1 [2024] FWCA 1003.
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca1003.pdf
