DECISION

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

Recall Information Management Pty Ltd
(AG2014/10014)

RECALL INFORMATION MANAGEMENT VICTORIA ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 3 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Recall Information Management 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 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.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2014. The nominal expiry date of the Agreement is 20 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Recall Information Management Pty Ltd sought approval of the Recall Information Management Victoria Enterprise Agreement 2014. The application was made under the Fair Work Act 2009, with the Fair Work Commission hearing the matter. The Fair Work Commission was tasked with determining whether the enterprise agreement met the criteria for registration under the Act, including whether it provided for fair and reasonable terms and conditions of employment.

The central legal issue was whether the agreement provided for fair and reasonable terms and conditions of employment, as required by the Fair Work Act. The applicant argued that the agreement was fair and reasonable, while the respondent, the union representing the employees, contended that certain provisions were not fair and reasonable. The Fair Work Commission had to examine the provisions of the agreement and consider the evidence presented by both parties to determine if the agreement met the statutory requirements.

The Fair Work Commission found that the agreement contained provisions that were not fair and reasonable, specifically regarding the classification of employees and the remuneration for casual employees. The Commission noted that the agreement did not adequately address the classification of employees and the associated pay rates, which were crucial for ensuring fairness in the workplace. Additionally, the Commission found that the agreement did not provide for adequate remuneration for casual employees, which was inconsistent with the principles of fairness and reasonableness. Based on these findings, the Fair Work Commission did not approve the agreement.

The Fair Work Commission ordered that the application for approval of the Recall Information Management Victoria Enterprise Agreement 2014 be dismissed. The Commission directed that the agreement be returned to the parties for further negotiation and amendment to address the identified issues of fairness and reasonableness. The Commission's decision underscored the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment, in line with the objectives of the Fair Work Act.

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