Recall Information Management Pty Ltd

[2013] FWCA 2330

FAIR WORK COMMISSION

DECISION

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

Recall Information Management Pty Ltd
(AG2013/5762)

RECALL INFORMATION MANAGEMENT PTY LTD NSW NEWCASTLE - ENTERPRISE AGREEMENT 2012.

Storage services
COMMISSIONER RIORDAN	SYDNEY, 16 APRIL 2013

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

[1] An application has been made for approval of an enterprise agreement known asthe Recall Information Management Pty Ltd NSW Newcastle - Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Recall Information 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 relevant to this application for approval have been met.

[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 of the Agreement is 20 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Recall Information Management Pty Ltd (the employer) sought approval of a proposed enterprise agreement. The applicant, the Australian Services Union, sought approval of the agreement on behalf of its members employed by the employer. The application was made in the Fair Work Commission. The legal issue before the Commission was whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009, specifically that it provided for a "fair and efficient" method of determining employees' terms and conditions of employment. The Commission considered whether the agreement provided for an adequate method of determining employees' wages and other entitlements, and whether it provided for a fair and efficient method of resolving disputes between the parties.

The Commission found that the proposed agreement met the requirements of section 230 of the Fair Work Act. The agreement provided for a fair and efficient method of determining employees' wages and other entitlements, including the establishment of a pay scale that was based on industry benchmarks and provided for regular wage reviews. The agreement also provided for a fair and efficient method of resolving disputes between the parties, including the establishment of a dispute resolution procedure that provided for conciliation and, if necessary, arbitration. The Commission was satisfied that the proposed agreement provided for a fair and efficient method of determining employees' terms and conditions of employment and approved the agreement.

The Commission approved the proposed Recall Information Management Pty Ltd Enterprise Agreement 2012. The approval is effective from the date of the decision and will apply to all employees of the employer who are covered by the agreement. The agreement provides for a pay scale that is based on industry benchmarks and provides for regular wage reviews. The agreement also provides for a dispute resolution procedure that provides for conciliation and, if necessary, arbitration. The approval of the agreement ensures that employees of the employer have a fair and efficient method of determining their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established