Awp Australia Pty Ltd T/A Allianz Partners

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Awp Australia Pty Ltd trading as Allianz Partners, the Fair Work Commission was presented with an application for the approval of the Allianz Partners Enterprise Agreement 2023. The primary parties involved were the employer, Allianz Partners, and the employees' representative, the Finance Sector Union of Australia. The dispute centred on the terms and conditions of employment, remuneration, and other working conditions as outlined in the proposed enterprise agreement.

The legal issues before the Commission involved assessing whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly sections concerning the requirement for the agreement to promote simplification and clarity, avoid unnecessary complexity, and ensure fairness. The Commission was tasked with determining if the agreement met the criteria for being deemed a simple, fair, and flexible workplace instrument and if it adequately protected the interests of the employees.

The Commission deliberated on the submissions from both Allianz Partners and the union, considering the balance of the agreement in terms of its fairness and compliance with the statutory requirements. After thorough analysis, the Commission found that the Allianz Partners Enterprise Agreement 2023 met the necessary legislative criteria. The agreement was considered to be clear, concise, and fair, promoting the simplification of workplace arrangements while protecting the rights and interests of the employees. Therefore, the Commission approved the agreement, acknowledging its compliance with the provisions of the Fair Work Act.

The final orders of the Commission included the approval of the Allianz Partners Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were required to comply with its terms and conditions as a legally binding instrument under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established