DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Insurance Australia Group Limited and Insurance Manufacturers of Australia Pty Limited t/a Insurance Australia Group
(AG2016/2705)

IAG ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER GREGORY	SYDNEY, 20 MAY 2016

Application for approval of the IAG Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the IAG Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Insurance Australia Group Limited and Insurance Manufacturers of Australia Pty Limited t/a Insurance Australia Group. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 is approved and, in accordance with s.54 of the Act, will operate from 1 June 2016. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Insurance Australia Group Limited and Insurance Manufacturers of Australia Pty Limited, trading as Insurance Australia Group, applied to the Fair Work Commission for approval of the IAG Enterprise Agreement 2016. The application was made under the Fair Work Act 2009, seeking a determination that the agreement directly or indirectly relates to employees and is appropriate for registration. The dispute arose from a disagreement between the employer and the employees' representative, the Finance Sector Union of Australia, over the terms of the proposed agreement.

The central legal issues before the court were whether the proposed agreement directly or indirectly related to employees and whether it was appropriate for registration. The court had to assess the agreement's compliance with the Fair Work Act 2009, including its provisions on employee rights, conditions of employment, and the process for determining the agreement's appropriateness.

In determining the appropriateness of the agreement, the court considered various factors, including the process by which the agreement was negotiated, the balance of rights and obligations, and the protection of employees' interests. The court found that the agreement was appropriately negotiated and provided a fair balance of rights and obligations. The court also noted that the agreement contained provisions that protected employees' interests, such as provisions for dispute resolution, redundancy, and other employment conditions. Based on these findings, the court approved the IAG Enterprise Agreement 2016 and ordered its registration. The court's decision was based on a detailed analysis of the agreement's provisions and the legal requirements for its approval.

Insurance Australia Group Limited and Insurance Manufacturers of Australia Pty Limited t/a Insurance Australia Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established