Allianz Technology SE - [2025] FWCA 802

[2025] FWCA 802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allianz Technology SE

(AG2024/5273)

ALLIANZ TECHNOLOGY SE ENTERPRISE AGREEMENT 2024

Banking finance and insurance industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 MARCH 2025

Application for approval of the Allianz Technology SE Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Allianz Technology SE Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 March 2025. The nominal expiry date of the Agreement is 31 December 2027.

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

Variation application

An application was also made pursuant to s 218A of the Act to vary the Agreement to correct or amend an obvious error, defect or irregularity in the Agreement.

The Applicant submits that the Agreement contains an obvious error, defect or irregularity, the details of which are set out and considered below.

Statutory Provisions

Section 218A, which came into effect on 7 December 2022 as part of the reforms contained within the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022, provides for the variation of an enterprise agreement to correct or amend an obvious error, defect or irregularity and relevantly provides as follows:
(1) The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).
(2) The FWC may vary an enterprise agreement under subsection (1);

(a) on its own initiative; or

(b) on application by any of the following:

(i) one or more of the employers covered by the agreement;

(ii) an employee covered by the agreement;

(iii) an employee organisation covered by the agreement.

(3) If the FWC varies an enterprise agreement under…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Allianz Technology SE [2025] FWCA 802
Case: [2025] FWCA 802
Decision Date: 5 MARCH 2025

CaseChat Overview and Summary

In the Fair Work Commission, Allianz Technology SE applied for approval of the Allianz Technology SE Enterprise Agreement 2024. The dispute involved the terms of the proposed agreement and whether they complied with relevant industrial laws and principles. The Fair Work Commission was responsible for assessing the application and determining whether to approve the agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary standards under the Fair Work Act 2009. This involved examining whether the agreement provided for minimum wages and conditions, whether it contained terms that were contrary to public policy or were otherwise invalid, and whether the agreement had been negotiated in good faith. Additionally, the Commission had to consider whether the agreement provided for the appropriate balance of rights and obligations between the employer and the employees.

The Commission found that the proposed enterprise agreement met all the necessary legal requirements. It provided for the minimum wages and conditions mandated by the Fair Work Act 2009 and contained no terms that were contrary to public policy or otherwise invalid. The Commission was satisfied that the agreement had been negotiated in good faith and provided for an appropriate balance of rights and obligations. Consequently, the Commission approved the Allianz Technology SE Enterprise Agreement 2024.

The Fair Work Commission approved the Allianz Technology SE Enterprise Agreement 2024. The Commission's decision was based on the conclusion that the agreement complied with all relevant industrial laws and principles. The approval of the agreement means that it will now be binding on all employees covered by the agreement and on Allianz Technology SE as the employer.

Orders