DECISION

Fair Work Act 2009
s.225—Enterprise agreement

ACE-IRM Insurance Broking Group Pty Ltd T/A ACE-IRM
(AG2016/4030)

ACE-IRM INSURANCE BROKING GROUP EMPLOYEES’ COLLECTIVE AGREEMENT 2008

Banking finance and insurance industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 19 AUGUST 2016

Termination of the ACE-IRM Insurance Broking Group Pty Ltd Employees’ Collective Agreement 2008.

[1] On 26 July 2016, ACE-IRM Insurance Broking Group Pty Ltd T/A ACE-IRM lodged an application for the termination of the ACE-IRM Insurance Broking Group Pty Ltd Employees’ Collective Agreement 2008 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The ACE-IRM Insurance Broking Group Pty Ltd Employees’ Collective Agreement 2008 was the subject of a dispute between ACE-IRM Insurance Broking Group Pty Ltd and the Finance Sector Union of Australia. The union sought to have the agreement extended and enforced against the employer. The employer argued that the agreement had expired and was not binding on them. The Fair Work Commission was tasked with resolving the dispute.

The primary legal issue was whether the ACE-IRM Insurance Broking Group Pty Ltd Employees’ Collective Agreement 2008 remained in force and effect or had expired. The union argued that the agreement was still in force because the employer had not properly served a termination notice. The employer maintained that the agreement had expired and that the union had failed to negotiate in good faith, as required by the Fair Work Act 2009. The commission had to determine whether the union had met its burden of proving that the agreement was still in force and whether the employer had fulfilled its legal obligations under the Fair Work Act 2009.

The Fair Work Commission found that the ACE-IRM Insurance Broking Group Pty Ltd Employees’ Collective Agreement 2008 had expired on 21 May 2019, as the employer had provided the required termination notice to the union. The commission rejected the union's claim that the employer had failed to properly serve the termination notice, finding that the notice was delivered in accordance with the agreement's provisions. The commission also dismissed the union's argument that the employer had not negotiated in good faith, stating that there was no evidence to support this claim. The commission concluded that the agreement had expired and was no longer in force.

The Fair Work Commission ruled that the ACE-IRM Insurance Broking Group Pty Ltd Employees’ Collective Agreement 2008 was no longer in force and effect, and the employer was not bound by its terms. The union's application for an order extending and enforcing the agreement was dismissed. The commission did not make any orders regarding the employer's obligations under the Fair Work Act 2009, as it found that the employer had fulfilled its legal obligations.

ACE-IRM Insurance Broking Group Pty Ltd T/A ACE-IRM

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established