DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recall Information Management Pty Ltd
(AG2015/952)

RECALL INFORMATION MANAGEMENT SECURE DESTRUCTION SERVICES ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 20 MAY 2015

Application for approval of the Recall Information Management Secure Destruction Services Enterprise Agreement 2015.

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

[2] On 19 May 2015 an undertaking was provided by Ms H Armour, HR Manager of the Company, in relation to the provision of Community Service Leave. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Recall Information Management Pty Ltd is a company engaged in the destruction of documents and media. In this case, the Fair Work Commission (FWC) was asked to approve the Recall Information Management Secure Destruction Services Enterprise Agreement 2015. The agreement had been negotiated between the company and its employees, represented by the Australian Services Union (ASU). The dispute centred on the terms of the agreement, particularly whether they met the statutory requirements for an enterprise agreement under the Fair Work Act 2009.

The central legal issue before the FWC was whether the agreement contained all the necessary minimum terms and conditions required by the Fair Work Act. The FWC had to determine if the agreement was a 'single-enterprise agreement' and if it provided for minimum terms and conditions as per the Act. Additionally, the FWC needed to ensure that the agreement was made in good faith and without coercion, and that it complied with the relevant provisions of the Fair Work Regulations.

In its decision, the FWC found that the agreement did meet the statutory requirements for approval. The FWC noted that the agreement contained all the necessary minimum terms and conditions, as stipulated by the Fair Work Act. The FWC also concluded that the agreement was made in good faith and without coercion, and that it complied with the Fair Work Regulations. The FWC was satisfied that the agreement provided for the employees' terms and conditions of employment and was therefore within the scope of the Act.

The FWC approved the Recall Information Management Secure Destruction Services Enterprise Agreement 2015. The decision confirmed that the agreement met all the necessary statutory requirements and was therefore valid. This approval ensures that the terms of the agreement will be legally binding on the parties, providing a clear framework for the employment relationship between Recall Information Management Pty Ltd and its employees.

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