Removal of Division 2B State instruments from Commission’s website

21 March 2024

The Commission has been reviewing party cards for Awards in consultation with stakeholders.

In reviewing our records, we have identified that the Commission’s website continues to contain references to a number of historic awards and enterprise agreements that fall within the definition of “Division 2B State instrument” in item 2(1) of Schedule 3A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. That definition encompasses both “Division 2B State awards” and “Division 2B State employment agreements”.

Under item 21 of that Schedule, all Division 2B State awards terminated on 31 December 2010. There is consequently no need for those instruments to remain on the Commission’s website. Their removal would have the effect of rendering obsolete any associated party cards, which will assist in the Commission’s efforts to ensure that existing party cards are relevant and up-to-date.

As a consequence of Item 26A of that Schedule 3A, introduced by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, Division 2B State employment agreements were terminated (subject to “automatic sunsetting”) on 7 December 2023, unless an application has been made to the Fair Work Commission for an extension of that period. There is no reason for those instruments to continue to be referenced on the Commission’s website.

Having regard to these matters, and being mindful of the steps taken by the Fair Work Commission with respect to “zombie agreements” (see : https://www.fwc.gov.au/agreements-awards/enterprise-agreements/sunsetting-pre-2010-agreements-zombie-agreements-changes-7) the Commission intends to remove all Division 2B State instruments from the Commission’s website. The Commission intends to take this action on 2 April 2024.

Parties are invited to contact the Industrial Registrar before 28 March 2024 if they have any queries or comments.