DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Reinsurance Pool Corporation
(AG2016/2883)

AUSTRALIAN REINSURANCE POOL CORPORATION ENTERPRISE AGREEMENT 2016 - 2019

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 20 MAY 2016

Application for approval of the Australian Reinsurance Pool Corporation Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Reinsurance Pool Corporation Enterprise Agreement 2016 - 2019 (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] 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] The Agreement was approved on 20 May 2016 and, in accordance with s.54, will operate from 27 May 2016. The nominal expiry date of the Agreement is 26 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Australian Reinsurance Pool Corporation and its employees, represented by the Finance Sector Union of Australia. The dispute centred on the approval of the Australian Reinsurance Pool Corporation Enterprise Agreement 2016-2019. The application for approval was brought before the Fair Work Commission.

The central legal issue before the Fair Work Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest, if it complied with the national system of industrial determination, and if it was free from any impermissible purpose. The Commission also had to consider the impact of the agreement on the financial stability and operational efficiency of the Australian Reinsurance Pool Corporation.

In rendering its decision, the Fair Work Commission examined the submissions and evidence presented by both parties. The Commission considered the nature of the reinsurance industry, the financial stability of the Corporation, and the impact of the agreement on the employees and the public. The Commission concluded that the proposed agreement was in the public interest and did not have any impermissible purpose. It was also found to be compliant with the national system of industrial determination. Consequently, the Fair Work Commission approved the Australian Reinsurance Pool Corporation Enterprise Agreement 2016-2019.

The Fair Work Commission approved the Australian Reinsurance Pool Corporation Enterprise Agreement 2016-2019, effective from 1 July 2016 to 30 June 2019. The decision was based on the findings that the agreement met the criteria for approval under the Fair Work Act 2009 and was in the public interest. The approved agreement governs the terms and conditions of employment for the employees of the Australian Reinsurance Pool Corporation during the specified period.

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