Recall Information Management Pty Ltd Summary

[2014] FWCA 4090

FAIR WORK COMMISSION

DECISION

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

Recall Information Management Pty Ltd
(AG2014/6237)

RECALL INFORMATION MANAGEMENT PTY LTD WA - ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2014

Application for approval of the Recall Information Management Pty Ltd WA - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Recall Information Management Pty Ltd WA - 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 s.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 27 June 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Recall Information Management Pty Ltd sought approval of the Recall Information Management Pty Ltd WA - Enterprise Agreement 2014. The applicant sought to have the agreement certified as a single-enterprise agreement, which would ensure its enforceability and protect it from certain legal challenges. The main issue before the Commission was whether the agreement met the necessary requirements under the Fair Work Act 2009, including whether it was genuinely a single-enterprise agreement, and whether it was in the best interests of the employees covered by the agreement.

The Commission found that the agreement was genuinely a single-enterprise agreement, as it was entered into between the applicant and the employees of Recall Information Management Pty Ltd in Western Australia. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided for a fair and equitable outcome for all parties involved.

Accordingly, the Commission approved the Recall Information Management Pty Ltd WA - Enterprise Agreement 2014 as a single-enterprise agreement under the Fair Work Act 2009. The agreement will now be legally enforceable, and the terms and conditions set out in the agreement will apply to the employees covered by it. This decision provides certainty and stability for both the applicant and the employees, and ensures that the agreement will continue to provide for fair and reasonable terms and conditions of employment.

Recall Information Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established