Recall Information Management Pty Ltd

[2015] FWCA 6076

[2015] FWCA 6076

FAIR WORK COMMISSION

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

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