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Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional
instruments
Annecto Inc
(AG2025/488)
ANNECTO AND HEALTH SERVICES UNION OF AUSTRALIA
CERTIFIED AGREEMENT 2004-2007
Health and welfare services
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 26 MARCH 2025
Application to extend the default period for the Annecto and Health Services Union of
Australia Certified Agreement 2004-2007
[1] An application has been made by Annecto Inc pursuant to subitem 20A(4) of Sch 3 to
the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
(Transitional Act) to extend the default period for the Annecto and Health Services Union of
Australia Certified Agreement 2004-2007 (Agreement).
[2] An earlier application was made pursuant to 20A(4) of Sch 3 to the Transitional Act to
extend the default period of the Agreement. In a decision issued on 23 August 2023 the Full
Bench considered that the requirements in subitem (6)(a) 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 June 2025 to allow time for a replacement agreement to be
made and approved.1
[3] The current application lodged on 26 February 2025 seeks to further extend the
agreement until the commencement of a replacement agreement, the Annecto Inc Enterprise
Agreement 2024 which was approved on 29 January 20252 but does not commence operation
until 29 July 2025. This application was made, in accordance with subitem (6)(b), on the ground
that it is reasonable to extend the default period in circumstances where an enterprise agreement
has been made that covers the same employees covered by the Agreement. The extension will
mean that the employees’ terms and conditions can transfer to the new agreement without
falling back to the relevant modern award in the short period between the Agreement
terminating and the new agreement commencing.
[2025] FWCFB 64 [Note: A copy of the zombie agreement to which this
decision relates (AG837839) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
http://www.fwc.gov.au/documents/agreements/approved/AG837839.pdf
[2025] FWCFB 64
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[4] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the
default period for the Agreement and bridge the period to the commencement of the
replacement agreement.
[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 28 July 2025.
[6] 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
AG837839 PR785569
1 [2023] FWCFB 169
2 [2025] FWCA 315
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb169.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwca315.pdf
