Allianz Technology Se, Australia Branch

[2022] FWC 680

[2022] FWC 680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.319 - Application for an order relating to instruments covering new employer and non-transferring employees

Allianz Technology Se, Australia Branch

(AG2022/893)

Allianz Australia Group Business Partnership Agreement 2020

Banking finance and insurance industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 28 MARCH 2022

s.319 - Application for an order relating to instruments covering new employer and non-transferring employees – order made

1. Allianz Technology Se, Australia Branch (Applicant) has made an application pursuant to s.319 of the Fair Work Act 2009 (Act) for an order that the Allianz Australia Group Business Partnership Agreement 2020 (Agreement /Transferrable Instrument) cover non-transferring employees of the Applicant, who perform or who are likely to perform transferring work for the Applicant (subject to any appointment to the Executive Cluster as provided for in clauses 2.3(b) and 2.5(m) of the Agreement).

1. The nominal expiry date of the Agreement is 18 February 2024.

1. The evidence before me identifies that on 2 May 2022, the Applicant expects to enter into a transfer arrangement with Allianz Australia Services Pty Limited (AAS) for the transfer of IT operations (excluding IT security governance), workplace support and applicative monitoring (excluding applicative administration and code delivery) (Transfer Arrangement). Pursuant to the Transfer Arrangement, relevant employees of AAS who accept an offer of employment with the Applicant will be Transferring Employees from AAS (old employer) to the Applicant (new employer). After 2 May 2022, subject to relevant completion of the Transfer Arrangement, the Applicant will from time to time employ Non-Transferring Employees to fill positions vacated by Transferring Employees and/or in the ordinary course of business. The Applicant seeks an order that Non-Transferring Employees employed by the Applicant be covered by the Agreement.

1. The Applicant relies upon the statutory declaration of Kim Luo, HR Business partner, Allianz Australia Services Pty Ltd, in support of its application (Luo Statement).

1. By reference to the evidence set out in the Luo Statement, I have taken into account the factors set out under s.319 (3) of the Act. I note that as at the date of its Application, the Applicant does not employ any Non-Transferring employees. However, the evidence highlights that the terms and conditions of employment of Non-Transferring employees will not be disadvantaged by the Order sought being made (comparing the terms of the Agreement to those under the otherwise applicable modern award). Further, the evidence discloses that the Order would improve business synergy (in terms of the application of one industrial instrument to relevant employees at the workplace), not result in economic disadvantage to the Applicant, and not result in productivity being negatively impacted upon at the Applicant’s workplace. Making the order would not be contrary to the public interest.

1. I am satisfied that the evidence contained in the Luo Statement, when considered against the matters set out in s.319(3) of the FW Act, support the making of the Order sought.

1. An Order, in the terms applied for by the Applicant, will be issued contemporaneously with this decision.

DEPUTY PRESIDENT

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