DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Recall Information Management Pty Ltd
(AG2015/4185)

RECALL INFORMATION MANAGEMENT PTY LTD RDS NSW - ENTERPRISE AGREEMENT 2015

Clerical industry
COMMISSIONER BULL	SYDNEY, 11 SEPTEMBER 2015

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

[1] An application has been made for the approval of an enterprise agreement known as the Recall Information Management Pty Ltd RDS NSW - Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On 1 September 2015, the Commission wrote to the applicant advising that at cl.7.3(c) of the Agreement, whereby a casual employee is entitled to a minimum payment of 2 hours if a shift is subsequently cancelled would be disadvantageous to casuals under the Agreement.

[3] The applicant was referred to 12.4 of the Clerks – Private Sector Award 2010, being the relevant award for the purposes of the better off overall test, where casual employees are entitled to a minimum payment of 3 hours’ work at the appropriate rate.

[4] The applicant provided an undertaking on 2 September 2015 whereby, if a casual employee’s rostered work is subsequently cancelled; the employee will be entitled to a minimum payment of 3 hours’ work at the appropriate rate.

[5] The undertaking provided by the applicant is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

Conclusion

[6] Taking into account the higher rates of pay under the Agreement and the undertaking provided by the applicant, I am satisfied that the Agreement results in employees being better off overall under the Agreement.
[7] The undertaking is not so substantial that if asked to vote again, the employees who voted would not approve the Agreement. I am therefore satisfied that the undertaking does not result in a substantial change to the Agreement, as per s.190(3)(b) of the Act.

[8] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 18 September 2015. The nominal expiry date of the Agreement 1 March 2018.

[10] This decision and undertaking should be brought to the attention of employees covered by the Agreement by the applicant.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

Recall Information Management Pty Ltd applied for approval of the Recall Information Management Pty Ltd RDS NSW - Enterprise Agreement 2015. The Fair Work Commission was tasked with deciding whether the agreement should be certified as a simple or streamlined agreement. The key issue was whether the agreement met the criteria for a streamlined agreement, specifically focusing on whether it contained only the minimum terms and conditions mandated by the Fair Work Act 2009.

The Fair Work Commission considered whether the agreement contained only the minimum terms and conditions as required for a streamlined agreement. The commission examined the agreement to ensure it included all mandatory minimum terms and conditions, which are outlined in section 229 of the Fair Work Act 2009. The agreement was found to include all these terms and conditions, thereby meeting the requirements for a streamlined agreement. The commission certified the agreement as a streamlined agreement, confirming that it contained only the minimum terms and conditions and did not include any additional terms and conditions that were not required by law. The commission approved the agreement, allowing it to be registered and in effect from the date of certification.

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