DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recall Information Management Pty Ltd
(AG2015/6995)

RECALL INFORMATION MANAGEMENT PTY LTD QLD - ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER LEE	MELBOURNE, 18 JANUARY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Recall Information Management Pty Ltd QLD - 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 25 January 2016. The nominal expiry date of the Agreement is 1 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Recall Information Management Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application concerned the terms and conditions of employment for employees of the company, which operates in the waste and recycling industry in Queensland. The company and the union representing the employees had negotiated the terms of the agreement, which was to replace an existing enterprise agreement that was due to expire.

The legal issues before the Commission related to the fairness and validity of the proposed agreement. Specifically, the Commission needed to determine whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the minimum terms and conditions of employment, and whether it had been negotiated in good faith. The Commission also needed to consider whether the agreement was in the best interests of the employees.

The Commission found that the proposed agreement was fair and reasonable, and met the requirements of the Act. The agreement provided for minimum terms and conditions of employment, and had been negotiated in good faith. The Commission was satisfied that the agreement was in the best interests of the employees, and approved the agreement. The Commission noted that the agreement provided for a range of benefits for employees, including increased pay rates, improved leave entitlements, and additional training opportunities. The Commission also noted that the agreement included provisions for dispute resolution, which would provide a mechanism for resolving any issues that might arise in the future.

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