DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AWP Australia Pty Ltd T/A Allianz Partners Australia
(AG2020/1047)

ALLIANZ PARTNERS ENTERPRISE AGREEMETN 2020

Banking finance and insurance industry
COMMISSIONER CIRKOVIC	MELBOURNE, 12 MAY 2020

Application for approval of the Allianz Partners Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Allianz Partners Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AWP Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 May 2020 and, in accordance with s.54, will operate from 19 May 2020. The nominal expiry date of the Agreement is 1 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the Fair Work Commission, AWP Australia Pty Ltd, trading as Allianz Partners Australia, applied for the approval of the Allianz Partners Enterprise Agreement 2020. The applicant sought the agreement's approval under section 234 of the Fair Work Act 2009, as a registered bargaining agent representing the employees. The dispute centred on whether the agreement met the statutory requirements for approval and if it provided fair and reasonable terms for the employees.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act 2009 and whether it met the 'better off overall' test. The Commission needed to determine if the agreement provided employees with a fair and reasonable set of terms and conditions, ensuring it was not worse off overall than their previous entitlements.

The Commission found that the agreement was procedurally valid, as it had been negotiated in good faith and contained necessary disclosures. The substantive provisions of the agreement were examined, and the Commission concluded that it provided employees with fair and reasonable terms. The 'better off overall' test was satisfied as the agreement did not disadvantage employees in terms of pay, leave, or other entitlements. The Commission approved the Allianz Partners Enterprise Agreement 2020, recognising it as a fair and reasonable agreement for the employees represented by the applicant.

AWP Australia Pty Ltd T/A Allianz Partners Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established