1
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3A, Item 26A(4) - Application to extend default period for Division 2B State
employment agreements
SSUT Pty Ltd T/A East End Hotel
(AG2024/1093)
EAST END HOTEL CERTIFIED AGREEMENT 2002
Hospitality industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT SLEVIN
COMMISSIONER CRAWFORD
SYDNEY, 11 JUNE 2024
Application to extend the default period for East End Hotel Certified Agreement 2002
[1] SSUT Pty Ltd (Applicant) has applied under item 26A(4) of Schedule 3A to the Fair
Work (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act)
to extend the default period for the East End Hotel Certified Agreement 2002 (Agreement).
[2] The Applicant lodged an earlier application on 6 December 2023 pursuant to 26A(4) of
Sch 3A to the Transitional Act to extend the default period of the Agreement. In a decision
issued on 14 March 2024 the Full Bench considered that the requirements in subitem (6)(b)
were met and it was appropriate in the circumstances to extend the Agreement. The Full Bench
ordered that the default period for the Agreement be extended until 6 April 2024 to allow time
for a replacement agreement to be made and approved.1
[3] The current application lodged on 5 April 2024 seeks to extend the agreement until 20
May 2024. The application was made, in accordance with subitem (6)(b), on the ground that it
is reasonable in the circumstances to extend the default period in circumstances where an
enterprise agreement has been made that covers the same employees covered by the Agreement
and an application has been made to have the replacement agreement approved by the
Commission under the Fair Work Act 2009. An application to approve the replacement
agreement was lodged with the Commission on 4 April 2024. At the time the current application
was made the replacement agreement had not yet been approved by the Commission.
[4] The Commission has since approved the replacement agreement.2 The replacement
agreement commenced operation on 29 May 2024. The purpose of the extension is to ensure
the Agreement continued to apply for the period between the extended date of 6 April 2024 up
until the replacement enterprise agreement commenced.
[2024] FWCFB 286 [Note: A copy of the zombie agreement to which this
decision relates (AG540005) and is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvMjAyMy8xMi9hZzU0MDAwNS5wZGY1?sid=&q=AG540005
[2024] FWCFB 286
2
[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 26A(6)(a) of Sch 3A to the Transitional Act, we order that the default
period for the Agreement is extended until 29 April 2024.
[7] The Agreement is published, in accordance with subitem 26A(10A)(c) of Sch 3A, as an
annexure to this decision.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AG540005 PR775865
1 [2024] FWCFB 130.
2 [2024] FWCA 1497.
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb130.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca1497.pdf
