Allianz Australia Services Pty Limited T/A Allianz Australia

[2017] FWCA 6297

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Allianz Australia Services Pty Limited T/A Allianz Australia

(AG2017/4170)

Territory Insurance Office Collective Agreement 2017

Banking finance and insurance industry
Deputy President Masson	MELBOURNE, 28 NOVEMBER 2017

Application for approval of the Territory Insurance Office Collective Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Territory Insurance Office Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allianz Australia Services Pty Limited T/A Allianz Australia. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Finance Sector Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2017. The nominal expiry date of the Agreement is 10 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allianz Australia Services Pty Limited, trading as Allianz Australia, made an application to the Fair Work Commission for approval of the Territory Insurance Office Collective Agreement 2017. The applicant sought to have the agreement registered as a protected action agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for approval, including whether it contained appropriate dispute resolution provisions and adequately protected the interests of employees.

The primary legal issue was whether the agreement contained appropriate dispute resolution provisions as required by section 234 of the Act. The Fair Work Commission considered whether the agreement provided for a dispute resolution process that was efficient, inexpensive, and timely, and whether it adequately protected the interests of employees. Additionally, the Commission examined whether the agreement complied with other statutory requirements for protected action agreements.

The Fair Work Commission found that the agreement did not adequately protect the interests of employees in the resolution of disputes. The Commission noted that the agreement's dispute resolution provisions were not sufficiently efficient, inexpensive, or timely, and that they did not adequately safeguard against potential conflicts of interest. Consequently, the Commission did not approve the agreement, finding that it did not meet the requirements for a protected action agreement under the Fair Work Act 2009.

The Commission's decision was final and not subject to appeal. The agreement was not approved and therefore did not meet the criteria for registration as a protected action agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established