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Allianz Australia Services Pty Limited

Allianz Australia Services Pty Limited

Case [2024] FWCA 4591

Jurisdiction

Approval of Agreement

Expiry Date

Industrial Law

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[2024] FWCA 4591

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Allianz Australia Services Pty Limited

(AG2024/4861)

ALLIANZ AUSTRALIA GROUP BUSINESS PARTNERSHIP AGREEMENT 2024

Banking finance and insurance industry
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 24 DECEMBER 2024

Application for approval of the Allianz Australia Group Business Partnership Agreement 2024 - correction to decision - paragraph 8

The decision issued by the Fair Work Commission on 19 December 2024 [[2024] FWCA 4591] is corrected as follows:

Paragraph [8] is deleted and replaced with the following:

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2025. The nominal expiry date of the Agreement is 3 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Allianz Australia Services Pty Limited [2024] FWCA 4591
Case: [2024] FWCA 4591
Decision Date: 24 DECEMBER 2024

CaseChat Overview and Summary

Allianz Australia Services Pty Limited applied for approval of a new enterprise agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission, with Deputy President O'Neill presiding over the matter in Melbourne on 24 December 2024. The dispute centred on whether the proposed Allianz Australia Group Business Partnership Agreement 2024 should be approved and what the effective operational dates should be.

The legal issues before the court involved the interpretation of the Fair Work Act 2009, specifically section 185, which deals with the approval of single-enterprise agreements. The primary focus was on whether the proposed agreement met the legislative requirements for approval and if the specified operational dates were appropriate. The court also had to consider the implications of section 54 of the Act regarding the commencement and expiry dates of the agreement.

Deputy President O'Neill reviewed the application and found that the proposed agreement did meet the necessary criteria for approval under the Act. The court determined that the agreement should operate from 3 February 2025, with a nominal expiry date of 3 February 2028. This decision corrected a previous error in the operational dates outlined in the initial decision issued on 19 December 2024. The Deputy President made this ruling based on a thorough analysis of the agreement's provisions and their alignment with the statutory requirements.

The final orders of the court were that the Allianz Australia Group Business Partnership Agreement 2024 was approved and would commence on 3 February 2025, with a nominal expiry date of 3 February 2028. This ruling ensures that the agreement is legally binding and operational within the specified timeframe.

Orders