Awp Australia Pty Ltd T/A Allianz Partners
[2024] FWCA 440
•1 FEBRUARY 2024
| [2024] FWCA 440 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Awp Australia Pty Ltd T/A Allianz Partners
(AG2023/5464)
ALLIANZ PARTNERS ENTERPRISE AGREEMENT 2023
| Banking finance and insurance industry | |
| COMMISSIONER CONNOLLY | MELBOURNE, 1 FEBRUARY 2024 |
Application for approval of the Allianz Partners Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Allianz Partners Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Awp Australia Pty Ltd T/A Allianz Partners (the Applicant). The Agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 16 January 2024.
The notification time for the Agreement under s.173(2) was 7 June 2024 and the Agreement was made on 4 December 2023. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]
The “Finance Sector Union of Australia”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act 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 7 days after the date of approval of the Agreement. The nominal expiry date is 1 May 2026.
COMMISSIONER
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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