Australian Reinsurance Pool Corporation T/A Australian Reinsurance Pool Corporation

[2023] FWCA 193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Reinsurance Pool Corporation T/A Australian Reinsurance Pool Corporation

(AG2022/5409)

AUSTRALIAN REINSURANCE POOL CORPORATION ENTERPRISE AGREEMENT 2023-2024

Banking finance and insurance industry
COMMISSIONER WILSON	MELBOURNE, 19 JANUARY 2023

Application for approval of the Australian Reinsurance Pool Corporation Enterprise Agreement 2023-2024

An application has been made for approval of an enterprise agreement known as the Australian Reinsurance Pool Corporation Enterprise Agreement 2023-2024 (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 T/A Australian Reinsurance Pool Corporation. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2023. The nominal expiry date of the Agreement is 26 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Reinsurance Pool Corporation applied to the Fair Work Commission for the approval of the Australian Reinsurance Pool Corporation Enterprise Agreement 2023-2024. The dispute arose between the Corporation, as the employer, and its employees, represented by various unions. The primary issue before the Commission was whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The focus was on whether the agreement contained all necessary provisions, complied with relevant minimum standards, and was free from any unfair content.

The Commission examined the proposed agreement clause by clause, considering its compliance with the Fair Work Act. It was important to ensure that the agreement covered all mandated terms and conditions of employment and did not exclude any required provisions. Additionally, the Commission assessed whether the agreement provided employees with protections at least equal to those set out in the relevant modern awards and national employment standards. The Commission also evaluated the fairness of the agreement's content, taking into account factors such as the bargaining power of the parties, the nature of the employment relationship, and the overall balance of the agreement.

After a thorough review, the Commission found that the proposed agreement met all necessary legal requirements and contained appropriate provisions. It was concluded that the agreement provided employees with fair and reasonable terms and conditions of employment, in line with the protections afforded by the relevant modern awards and national employment standards. The Commission was satisfied that the agreement did not exclude any mandated terms and conditions and was free from unfair content. Consequently, the Commission approved the Australian Reinsurance Pool Corporation Enterprise Agreement 2023-2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established