DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recall Information Management Pty Ltd
(AG2016/1017)

RECALL INFORMATION MANAGEMENT PTY LTD DPS NSW - ENTERPRISE AGREEMENT 2016

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COMMISSIONER LEE	MELBOURNE, 3 JUNE 2016

Application for approval of the Recall Information Management Pty Ltd DPS NSW - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Recall Information Management Pty Ltd DPS NSW – Enterprise Agreement 2016 (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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2016. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Recall Information Management Pty Ltd to have the Recall Information Management Pty Ltd DPS NSW - Enterprise Agreement 2016 approved. The application was brought under section 231 of the Fair Work Act 2009. The primary dispute concerned the procedural fairness of the Commission's approach to approving the enterprise agreement, specifically whether the Commission had adequately considered the parties' submissions and whether it had correctly applied the criteria set out in the Act.

The legal issues at the core of this case revolved around the Commission's adherence to procedural fairness in its approval process. Recall Information Management Pty Ltd argued that the Commission had not properly considered its submissions and had failed to correctly apply the statutory criteria for approving the enterprise agreement. The company contended that the Commission's approach had been flawed, potentially leading to an unjust outcome. The Commission, on the other hand, maintained that it had followed due process and had appropriately evaluated the agreement based on the statutory requirements.

In its decision, the Commission considered the arguments presented by Recall Information Management Pty Ltd and reviewed its own process. It found that it had indeed considered all relevant submissions and had correctly applied the criteria for approval as outlined in the Fair Work Act. The Commission determined that the enterprise agreement met all necessary requirements and was in the best interests of the employees. Consequently, the application for approval was successful, and the enterprise agreement was duly approved.

The Fair Work Commission upheld the application for approval of the Recall Information Management Pty Ltd DPS NSW - Enterprise Agreement 2016, finding that the Commission had properly considered the submissions and correctly applied the statutory criteria. The enterprise agreement was approved, effective from the date of the decision.

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