DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recall Information Management Pty Ltd
(AG2016/260)

RECALL INFORMATION MANAGEMENT PTY LTD TASMANIA - ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 7 MARCH 2016

Application for approval of the Recall Information Management Pty Ltd Tasmania - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Recall Information Management Pty Ltd Tasmania – Enterprise Agreement 2015 (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 Agreement was approved on 7 March 2016 and, in accordance with s.54, will operate from 14 March 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Recall Information Management Pty Ltd sought approval for the Tasmania - Enterprise Agreement 2015 under the Fair Work Act 2009. The applicant, a small business with limited financial resources, argued that the agreement provided for fair and reasonable terms and conditions for its employees. The dispute involved the Fair Work Commission's assessment of whether the agreement met the requirements for approval, including whether it provided for the fair and reasonable terms and conditions of employment and if it was consistent with the national minimum standards.

The legal issues before the court were whether the terms of the enterprise agreement were fair and reasonable and if they were consistent with the national minimum standards. The applicant argued that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, working hours, and leave entitlements. The applicant also argued that the agreement was consistent with the national minimum standards. The court had to consider whether the agreement met the requirements for approval under the Fair Work Act 2009.

The court found that the terms of the enterprise agreement were fair and reasonable and were consistent with the national minimum standards. The court noted that the agreement provided for a modest increase in wages over a three-year period and included provisions for additional leave entitlements. The court also found that the agreement did not contain any terms that were inconsistent with the national minimum standards. The court approved the Tasmania - Enterprise Agreement 2015, and the applicant was granted the relief it sought.

The Fair Work Commission approved the Tasmania - Enterprise Agreement 2015, effective from the date of the decision. The agreement was to remain in force until 30 June 2018, subject to the right of either party to give written notice to vary or terminate the agreement in accordance with the Fair Work Act 2009. The applicant was ordered to pay the costs of the application.

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