Recall Information Management Pty Ltd Summary

[2013] FWCA 9499

FAIR WORK COMMISSION

DECISION

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

Recall Information Management Pty Ltd
(AG2013/11419)

RECALL INFORMATION MANAGEMENT PTY LTD DPS NSW - ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 3 DECEMBER 2013

Application for approval of the Recall Information Management Pty Ltd DPS NSW - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Recall Information Management Pty Ltd DPS NSW - Enterprise Agreement 2013 (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 22 November 2013. On 28 November 2013 I received a signed undertaking in response to the queries from Max Marot, Operations Manager NSW of the Applicant. 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 10 December 2013. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Recall Information Management Pty Ltd, which sought approval of the Recall Information Management Pty Ltd DPS NSW - Enterprise Agreement 2013. The application was heard in the Fair Work Commission, an Australian federal statutory tribunal with industrial relations jurisdiction. The dispute centres on the proposed enterprise agreement's terms and conditions, including pay rates, working conditions, and procedural provisions.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the "better off overall test" (BOOT). This test ensures that employees are not disadvantaged by the terms of the agreement compared to their previous conditions. The Commission also considered the fairness of the agreement's provisions and whether it complied with relevant industrial laws.

The Commission found that the proposed enterprise agreement met the legal requirements and passed the BOOT. It was deemed fair and reasonable, providing adequate protections for employees while also considering the needs of the employer. The Commission approved the agreement, highlighting its balanced approach to the interests of both parties. The decision was made based on the evidence presented and the applicable legal framework.

As a result of the Commission's decision, the Recall Information Management Pty Ltd DPS NSW - Enterprise Agreement 2013 was approved and is now in effect. This decision resolves the dispute and provides a framework for the employment conditions of the parties involved.

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