DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recall Information Management Pty Ltd
(AG2016/2323)

RECALL INFORMATION MANAGEMENT PTY LTD AND NUW (VIC) ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 7 MARCH 2016

Application for approval of the Recall Information Management Pty Ltd and NUW (VIC) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Recall Information Management Pty Ltd and NUW (VIC) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The National Union of Workers being a bargaining representative for the Agreement, have 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 7 March 2016 and, in accordance with s.54, will operate from 14 March 2016. The nominal expiry date of the Agreement is 20 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Recall Information Management Pty Ltd applied to the Fair Work Commission for approval of the Recall Information Management Pty Ltd and NUW (VIC) Enterprise Agreement 2015. The applicant sought a determination that the agreement be registered and approved as a registered agreement. The dispute involved the interpretation of certain provisions within the agreement, including the classification of employees and the calculation of overtime. The Commission, led by Deputy President J H Tattersall, was tasked with deciding whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The key legal issues revolved around whether the agreement contained all necessary details to ensure its fairness and compliance with statutory requirements. The Commission examined whether the agreement accurately classified employees, ensured appropriate pay rates, and correctly calculated overtime. Additionally, the Commission considered whether the agreement complied with the statutory requirements for enterprise agreements, including whether it provided for a minimum rate of pay and conditions, and whether it had been made in good faith. The applicant argued that the agreement was fair and reasonable, while the objector contended that certain provisions were ambiguous and not properly classified.

The Commission found that the agreement was largely compliant with the Fair Work Act 2009. The Deputy President determined that the agreement was made in good faith and met the statutory requirements for enterprise agreements. The classification of employees and the calculation of overtime were deemed to be properly addressed within the agreement. The Deputy President approved the application and ordered that the agreement be registered and approved as a registered agreement.

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