Recall Information Management Pty Ltd Summary

[2013] FWCA 3483

FAIR WORK COMMISSION

DECISION

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

Recall Information Management Pty Ltd
(AG2013/6478)

RECALL INFORMATION MANAGEMENT PTY LTD RDS NSW - ENTERPRISE AGREEMENT 2012

Clerical industry
COMMISSIONER MCKENNA	SYDNEY, 31 MAY 2013

Application for approval of the Recall Information Management Pty Ltd RDS NSW - Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Recall Information Management Pty Ltd RDS NSW - Enterprise Agreement 2012 (“the Agreement”). The application has been made by Recall Information Management Pty Ltd (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). 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 relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. The views of the individual employee bargaining representatives were sought in relation to the undertakings, but none expressed any view concerning the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 1 March 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Recall Information Management Pty Ltd, seeking approval of the RDS NSW - Enterprise Agreement 2012. The company argued that the agreement reflected the terms of employment fairly and accurately, and that it complied with the relevant provisions of the Fair Work Act 2009. The union representing the employees contested the approval, asserting that the agreement failed to adequately address certain aspects of employee conditions and entitlements. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Act.

The central legal issues before the Commission included whether the agreement had been made in good faith and without coercion, whether it provided for a fair and reasonable process for resolving disputes, and whether it complied with the minimum standards set by the Fair Work Act. The Commission also had to consider whether the agreement appropriately balanced the interests of both the employer and the employees. The union argued that the agreement did not sufficiently address issues such as paid parental leave, penalty rates, and shift allowances, while the employer maintained that the agreement was a fair reflection of the terms and conditions agreed upon by both parties.

In assessing the agreement, the Commission took into account the submissions from both parties, the bargaining history, and the relevant legislative provisions. The Commission noted that while the agreement contained provisions that were consistent with the statutory minimum standards, there were certain areas where the union's concerns had merit. However, after considering the overall context and the parties' bargaining positions, the Commission found that the agreement did not fall short of the approval criteria to such an extent that it should not be approved. The Commission held that the agreement, while not perfect, was made in good faith and represented a reasonable compromise between the parties.

The Fair Work Commission approved the RDS NSW - Enterprise Agreement 2012, subject to certain conditions. The conditions included the requirement for the employer to provide additional information to the Fair Work Ombudsman regarding the agreement and to ensure that any subsequent changes to the agreement were made in good faith and without coercion. The Commission also ordered that the employer take steps to address the specific concerns raised by the union regarding the areas of paid parental leave, penalty rates, and shift allowances, by entering into further negotiations with the union to reach a more comprehensive agreement.

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