Application by The Association of Professional Engineers, Scientists and Managers, Australia (215V)
Citation: [2026] FWCFB 192
What happened
The Association of Professional Engineers, Scientists and Managers Australia (APESMA) sought to extend the default periods for three agreements: the One HPA Certified Agreement 2004-2007, the EDS People Agreement 2002, and the Alcatel-Lucent Employment Partnership Agreement 2009. DXC Technology Australia Pty Ltd (DXC), the employer, and the Australian Services Union (ASU) consented to the extension. Bargaining for a replacement agreement has been ongoing since August 2024, with seventeen meetings held.
What was decided
The Fair Work Commission granted the Applicant’s application to extend the default periods of the agreements. Initially requesting an extension to December 1, 2026, the Commission extended the period until March 1, 2027. This allows sufficient time for finalising bargaining and approving a replacement agreement. The decision was based on previous requirements outlined in ISS Health Services Pty Ltd and the consent of the Respondent and the ASU.
What it means for employers
Employers covered by transitional instruments should be aware of the process for extending default periods while negotiating replacement agreements. Maintaining open communication with unions during bargaining is crucial, as demonstrated by the Respondent’s consent to the extension.
What it means for employees
Employees who are part of these agreements will continue to receive the terms and conditions outlined in those agreements until a new agreement is approved. The extended period allows for continued negotiations towards a replacement agreement.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →