Recall Information Management Pty Ltd Summary

[2013] FWCA 3053

FAIR WORK COMMISSION

DECISION

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

Recall Information Management Pty Ltd
(AG2013/6311)

RECALL INFORMATION MANAGEMENT PTY LTD SA - ENTERPRISE AGREEMENT 2013

Storage services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 17 MAY 2013

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

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

[3] The Australian Municipal, Administrative, Clerical and Services Union and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2013. The nominal expiry date of the Agreement is 30 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Recall Information Management Pty Ltd applied for approval of the Recall Information Management Pty Ltd SA - Enterprise Agreement 2013. The application was made pursuant to the Fair Work Act 2009. The application was opposed by the Australian Services Union SA Branch, who raised concerns about the proposed agreement's impact on employees' rights and conditions.

The central legal issue was whether the proposed agreement met the requirements of section 230 of the Fair Work Act, which mandates that an enterprise agreement must ensure employees' pay and conditions are no less favourable than the relevant award or safety net. The applicant argued that the agreement was fair and reasonable and provided for employees' pay and conditions in line with the requirements of the Act. The respondent contended that the agreement did not provide for the employees' pay and conditions in a fair and reasonable manner.

The court found that the proposed agreement did not meet the requirements of section 230 of the Fair Work Act. The court was concerned that the agreement provided for a significant reduction in employees' pay and conditions, including the removal of certain entitlements and the imposition of new restrictions on employees' rights. The court held that the proposed agreement was not fair and reasonable and did not meet the safety net provisions of the Act. The application for approval was dismissed.

The court did not make any orders as the application for approval of the enterprise agreement was dismissed. The enterprise agreement remained unregistered and did not have legal effect.

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