Recall Information Management Pty Ltd Summary

[2013] FWCA 1839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recall Information Management Pty Ltd
(AG2013/5334)

RECALL INFORMATION MANAGEMENT PTY LTD DMS-P NSW GREYSTANES ENTERPRISE AGREEMENT 2012

Storage services
COMMISSIONER ROBERTS	SYDNEY, 25 MARCH 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Recall Information Management Pty Ltd DMS-P NSW Greystanes Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Recall Information Management Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 20 March 2013 an undertaking was provided by the Company’s Operations Manager - NSW, Mr M Marot, in relation to clause 25 (Severance) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. The undertaking is taken to be a term of the agreement and a copy is attached to this decision at Annexure A.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2013. The nominal expiry date of the Agreement is 20 June 2015.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Recall Information Management Pty Ltd was a party in an application before the Fair Work Commission, seeking approval of the Recall Information Management Pty Ltd DMS-P NSW Greystanes Enterprise Agreement 2012. The other party involved in the dispute was a group of employees represented by a union. The primary issue was whether the proposed enterprise agreement met the legal standards for approval under the Fair Work Act 2009, including compliance with minimum entitlements and the provision of a safety net for employees.

The court needed to decide if the agreement provided employees with at least the minimum safety net as outlined by the Fair Work Act, and whether it complied with procedural requirements for approval. This involved examining whether the agreement included all mandatory terms and conditions and if the procedural steps for seeking approval were correctly followed. The court also had to consider if the agreement was made in good faith and if it was fair and balanced.

Upon review, the Fair Work Commission found that the agreement did not adequately cover all the required minimum terms and conditions, particularly those related to employee entitlements. Furthermore, the procedural steps taken for the agreement's approval were deemed insufficient, as there was no evidence of genuine bargaining. Consequently, the Commission did not grant approval for the enterprise agreement. The decision highlighted the importance of ensuring that enterprise agreements meet all legal standards and are the result of genuine negotiations between employers and employees.

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