DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Reinsurance Pool Corporation
(AG2019/633)

AUSTRALIAN REINSURANCE POOL CORPORATION ENTERPRISE AGREEMENT 2019-2022

Commonwealth employment
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 APRIL 2019

Application for approval of the Australian Reinsurance Pool Corporation Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Australian Reinsurance Pool Corporation Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Reinsurance Pool Corporation. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 26 April 2019 and, in accordance with s.54, will operate from 3 May 2019. The nominal expiry date of the Agreement is 26 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Australian Reinsurance Pool Corporation Enterprise Agreement 2019-2022. The Australian Reinsurance Pool Corporation sought approval for the agreement from the Fair Work Commission. The nature of the dispute was centred around whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission heard the matter and was required to determine if the agreement was fair and reasonable, and if it complied with the relevant provisions of the Act.

The legal issues that the Commission had to decide included whether the agreement was genuinely a product of bargaining between the parties, whether it was free from any improper influence or coercion, and whether it complied with the requirements for registration set out in the Act. Additionally, the Commission needed to assess if the agreement was in the best interests of the employees and whether it provided fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the agreement was genuinely a product of bargaining and free from any improper influence or coercion. The Commission also determined that the agreement complied with the statutory requirements for approval and was in the best interests of the employees. The Commission found that the agreement provided fair and reasonable terms and conditions of employment, and it approved the Australian Reinsurance Pool Corporation Enterprise Agreement 2019-2022. The Commission's decision was based on a thorough analysis of the evidence presented by the parties and a careful consideration of the relevant statutory provisions.

The Commission's final orders included the approval of the Australian Reinsurance Pool Corporation Enterprise Agreement 2019-2022, and the agreement was registered with the Fair Work Commission. The decision provides guidance to employers and employees on the requirements for a valid and enforceable enterprise agreement, and it reinforces the importance of genuine bargaining and the protection of employees' rights in the workplace.

Australian Reinsurance Pool Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established