West Wimmera Fair Work Commission decision - Income protection insurance policy

19 June 2026

The Fair Work Commission has handed down their decision on whether Council is required to maintain an income protection insurance policy in relation to clause 9.2.4 of the 2021 Agreement (personal leave while on annual leave or long service leave).

The decision states that any income protection insurance policy maintained by Council is not incorporated into the Agreement, as well as making clear that Council is not required to maintain an income protection insurance policy.

However, Council has failed to acknowledge that the decision states that nothing "...requires Council, in terms, to maintain an active insurance policy in order to confer either of these entitlements", with entitlements referring to the conditions that would have applied pursuant to Council's income protection insurance policy. The decisions further states that "...should the case arise, it may be necessary for Council to consider how it will meet the respective obligations it holds to employees under clause 9.2.4..."

The ASU's position is that the practical effect of this is that, for applicable employees, Council is required to provide the benefits that the income protection insurance policy would have granted, even if there is no active income protection insurance policy.

If you have had more than two consecutive weeks of personal leave while you were on annual leave or long service leave and would have been eligible for benefits under the income protection insurance policy but did not receive any benefits, contact ASU Organiser Billy King via [email protected]