DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Pty Ltd
(AG2018/7169)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD NSW RM GREYSTANES - ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER LEE	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the Iron Mountain Australia Group Services Pty Ltd NSW RM Greystanes - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Iron Mountain Australia Group Services Pty Ltd NSW RM Greystanes - Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Iron Mountain Australia Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 26.1(c) - Termination.

However, noting clause 32 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2019. The nominal expiry date of the Agreement is 20 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Iron Mountain Australia Group Pty Ltd sought approval of the Iron Mountain Australia Group Services Pty Ltd NSW RM Greystanes - Enterprise Agreement 2018 from the Fair Work Commission. The application was opposed by the Australian Services Union, National Tertiary Education Union, and the National Union of Workers. The applicants argued that the proposed enterprise agreement would improve workplace efficiency, productivity, and workplace relations. The unions contended that the agreement did not adequately protect employees' interests and failed to comply with certain legal requirements.

The Fair Work Commission examined the merits of the application and whether the agreement was in the best interests of the employees. The Commission found that the agreement provided for reasonable terms and conditions, including provisions for wages, hours of work, and other employment conditions. The Commission also considered the potential benefits of the agreement, such as improved workplace efficiency and productivity, and the potential for better workplace relations. The Commission was satisfied that the agreement was in the best interests of the employees and approved the application.

The Fair Work Commission approved the Iron Mountain Australia Group Services Pty Ltd NSW RM Greystanes - Enterprise Agreement 2018. The agreement provides for reasonable terms and conditions of employment and is in the best interests of the employees. The approval of the agreement will facilitate improved workplace efficiency, productivity, and workplace relations. The decision of the Fair Work Commission is final and binding on all parties.

Iron Mountain Australia Group 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