DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recall Information Management Pty Ltd
(AG2016/2692)

RECALL INFORMATION MANAGEMENT PTY LTD & NATIONAL UNION OF WORKERS’ - NSW BRANCH NSW DMS-P ENTERPRISE AGREEMENT 2016

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COMMISSIONER ROE	MELBOURNE, 4 MAY 2016

Application for approval of the Recall Information Management Pty Ltd & National Union of Workers’ - NSW Branch NSW DMS-P Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Recall Information Management Pty Ltd & National Union of Workers’ – NSW Brach NSW DMS-P Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 May 2016 and, in accordance with Clause 5, will operate from 15 June 2016. The nominal expiry date of the Agreement is 4 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Recall Information Management Pty Ltd & National Union of Workers – NSW Branch NSW DMS-P Enterprise Agreement 2016. The applicant, Recall Information Management Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The National Union of Workers – NSW Branch was the respondent to the application.

The primary legal issue for the Commission to decide was whether the enterprise agreement met the requirements of section 230 of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it was free from any unlawful content. The Commission also had to consider if the agreement had been made in good faith and if it complied with the procedural requirements set out in the Act.

In determining the application, the Commission examined the terms of the agreement and the process through which it was negotiated. The Commission found that the agreement contained terms that were fair and reasonable and did not include any unlawful content. It also concluded that the agreement had been made in good faith and that the negotiation process complied with the relevant provisions of the Act. Accordingly, the Commission approved the enterprise agreement under section 234 of the Fair Work Act.

The Fair Work Commission approved the Recall Information Management Pty Ltd & National Union of Workers – NSW Branch NSW DMS-P Enterprise Agreement 2016, finding that it met the legal requirements for approval under the Fair Work Act. The agreement is now a registered enterprise agreement and will apply to the employees covered by its terms.

Recall Information Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established