Iron Mountain Australia Group Services Pty Ltd

[2021] FWCA 7172

[2021] FWCA 7172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2021/8733)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD - ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 DECEMBER 2021

Application for termination of the Iron Mountain Australia Group Services Pty Ltd - Enterprise Agreement 2018

[1] Iron Mountain Australia Group Services Pty Ltd (Iron Mountain) is covered by the Iron Mountain Australia Group Services Pty Ltd - Enterprise Agreement 2018 (Agreement) and has made an application to terminate the Agreement pursuant to s 225 of the Fair Work Act 2009 (Cth) (Act). The nominal expiry date of the Agreement was 20 June 2021.

[2] There are no employee organisations covered by the Agreement.

[3] There are 2 employees covered by the Agreement.

[4] On 6 December 2021, I made the following directions in this matter:

1. By 4pm on 8 December 2021, Iron Mountain Australia Group Services Pty Ltd (Iron Mountain) must:

a. provide a copy of these directions to all employees covered by the Agreement, together with a copy of the Form F24B and Form F24C filed by Iron Mountain in the Fair Work Commission in support of its application to terminate the Agreement; and

b. inform, in writing, the employees covered by the Agreement that they have until 4pm on 15 December 2021 to inform the Fair Work Commission of their views in relation to the application to terminate the Agreement.

2. By 4pm on 14 December 2021, Iron Mountain must file in the Fair Work Commission a statutory declaration setting out the steps it took to comply with direction 1 above.

3. By 4pm on 15 December 2021, any employee covered by the Agreement who either opposes the termination of the Agreement or wishes to inform the Fair Work Commission of their views in relation to the application to terminate the Agreement, must file in the Commission any submissions, written statements and documents they wish to rely on in relation to the application to terminate the Agreement. Any such material may be filed in the Commission by emailing it to [email protected].

[5] On 8 December 2021 Iron Mountain filed a statutory declaration made by Mr Deepak Rawat, Senior Human Resources Business Partner, confirming that Iron Mountain had complied with direction 1 made on 6 December 2021.

[6] I am satisfied that the employees covered by the Agreement have been given an opportunity to inform the Fair Work Commission (Commission) of their views in relation to the application to terminate the Agreement. The Commission has not received any communication from an employee covered by the Agreement in relation to the application to terminate the Agreement.

[7] Having regard to the information contained in Ms Rawat’s statutory declaration made on 8 December 2021 in support of the application for termination of the Agreement, I am satisfied that: 1

● termination of the Agreement is not contrary to the public interest; and

● it is appropriate to terminate the Agreement taking account all the circumstances including:

○ the views of the employees covered by the Agreement and Iron Mountain; and

○ the circumstances of those employees and Iron Mountain including the likely effect that the termination will have on each of them.

[8] Accordingly, I terminate the Agreement with effect from midnight on Sunday, 19 December 2021. An order [PR736857] giving effect to this decision will be issued today.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501942  PR736859>

 1 Section 226 of the Fair Work Act 2009 (Cth)