DECISION

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

Recall Information Management Pty Ltd
(AG2014/10248)

RECALL INFORMATION MANAGEMENT DMS VICTORIA ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 19 DECEMBER 2014

Application for approval of the Recall Information Management DMS Victoria Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Recall Information Management DMS Victoria Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Recall Information Management Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 16 December 2014. On 17 December 2014 I received a signed undertaking in response to the queries from Keith Thomas, Operations Manager - Vic. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2014. The nominal expiry date of the Agreement is 20 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Recall Information Management Pty Ltd was a party in an application before the Fair Work Commission concerning the approval of the Recall Information Management DMS Victoria Enterprise Agreement 2014. The application arose out of a dispute between the applicant, a company operating in the information management sector, and its employees over the terms of the proposed enterprise agreement. The Fair Work Commission was required to determine whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for the protection of employees' interests, including minimum entitlements and dispute resolution mechanisms, and whether it had been fairly negotiated. Additionally, the Commission had to ensure that the agreement did not contain terms that would be contrary to public policy or detrimental to the operation of the enterprise.

In its decision, the Fair Work Commission examined the provisions of the proposed agreement and found that it met the necessary criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms, including minimum wage rates, leave entitlements, and a process for resolving disputes. Furthermore, the Commission was satisfied that the agreement had been negotiated in good faith and that it did not contain any terms that would be contrary to public policy or detrimental to the operation of the enterprise. As a result, the Commission approved the Recall Information Management DMS Victoria Enterprise Agreement 2014.

The Fair Work Commission's decision approved the proposed enterprise agreement, confirming its compliance with the requirements of the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the employees of Recall Information Management Pty Ltd are governed by the provisions of the agreement, which provides a framework for fair and reasonable industrial relations practices.

Recall Information Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established