Iron Mountain Australia Group Services Pty Ltd

[2021] FWCA 6607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2021/7888)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD GREYSTANES - ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 10 NOVEMBER 2021

Application for approval of the Iron Mountain Australia Group Services Pty Ltd Greystanes - Enterprise Agreement 2021.

[1] Iron Mountain Australia Group Services Pty Ltd has applied for approval of a single enterprise agreement known as the Iron Mountain Australia Group Services Pty Ltd Greystanes - Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting clause 33 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Agreement was approved on 10 November 2021 and, in accordance with s.54, will operate from 17 November 2021. The nominal expiry date of the Agreement is 20 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Iron Mountain Australia Group Services Pty Ltd was involved in a dispute regarding the approval of the Iron Mountain Australia Group Services Pty Ltd Greystanes - Enterprise Agreement 2021. The company sought to have the agreement recognised as a modern award, while the unions representing the employees opposed the application. The matter was brought before the Commission to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith, whether it provided for the proper classification of employees, and if it included appropriate mechanisms for dispute resolution. The unions argued that the agreement did not adequately protect employees' rights and conditions of employment, particularly in terms of pay and working conditions. The company, on the other hand, contended that the agreement was fair and reasonable, and it provided for necessary flexibility to manage its business effectively.

After considering the submissions from both parties and reviewing the provisions of the agreement, the Commission determined that the Iron Mountain Australia Group Services Pty Ltd Greystanes - Enterprise Agreement 2021 did not meet the necessary criteria for approval. The Commission found that the agreement did not provide adequate protections for employees, particularly in relation to pay rates and working conditions. The Commission also found that the agreement lacked sufficient mechanisms for resolving disputes between the parties. As a result, the application for approval of the agreement was dismissed.

The Fair Work Commission ordered that the Iron Mountain Australia Group Services Pty Ltd Greystanes - Enterprise Agreement 2021 not be approved as a modern award. The Commission directed that the agreement be returned to the parties for further negotiation and revision to address the identified issues. The Commission emphasised the importance of ensuring that any future agreement provides fair and reasonable protections for employees and appropriate mechanisms for resolving disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established