DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recall Information Management Pty Ltd
(AG2015/5429)

RECALL INFORMATION MANAGEMENT PTY LTD DMS-P NSW GREYSTANES - ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 11 SEPTEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Recall Information Management Pty Ltd DMS-P NSW Greystanes - 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Recall Information Management Pty Ltd sought approval for its DMS-P NSW Greystanes - Enterprise Agreement 2015, which aimed to regulate the employment terms and conditions for employees classified as part of the Miscellaneous Workers Group. The dispute came before the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues centred on whether the agreement provided for a fair and reasonable rate of pay, including allowances and entitlements, and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the Commission examined if the agreement appropriately balanced the interests of both employers and employees and if it was free from any coercive practices or undue influence.

The Fair Work Commission considered various submissions and evidence from both parties. It found that the agreement provided for a fair and reasonable rate of pay, taking into account the relevant industry benchmarks and the nature of the work performed by the employees. The Commission also determined that the agreement appropriately balanced the interests of both employers and employees and was free from any coercive practices or undue influence. Consequently, the Fair Work Commission approved the Recall Information Management Pty Ltd DMS-P NSW Greystanes - Enterprise Agreement 2015.

In light of the approval, the Commission issued its determination and the agreement will now be applicable to the employees classified as part of the Miscellaneous Workers Group.

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