DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recall Information Management Pty Ltd
(AG2015/5431)

RECALL INFORMATION MANAGEMENT PTY LTD NSW NEWCASTLE – ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 11 SEPTEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Recall Information Management Pty Ltd NSW Newcastle - 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] The Agreement was approved on 11 September 2015 and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is 20 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Recall Information Management Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The applicant is an employer, and the respondents are employees covered by the agreement. The application was made under section 231 of the Fair Work Act 2009. The dispute before the Commission centred on the process of approving the enterprise agreement and the requirements for ensuring the agreement was made in good faith and without coercion.

The Commission considered whether the application met the legal criteria for approval, including whether the agreement had been made in good faith, without coercion, and whether the bargaining process was procedurally fair. The Commission also examined whether the agreement contained provisions that were contrary to public policy or that unfairly disadvantaged employees.

After reviewing the evidence and submissions, the Commission concluded that the application met the legal criteria for approval. The Commission found that the agreement had been made in good faith, without coercion, and that the bargaining process was procedurally fair. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or that unfairly disadvantaged employees. Accordingly, the Commission approved the enterprise agreement.

The Commission's decision was based on the evidence and submissions presented to it, and the Commission's assessment of the legal criteria for approval. The Commission found that the agreement met the requirements for approval, and accordingly approved the enterprise agreement. The decision is final and binding on the parties.

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