Iron Mountain Australia Group Services Pty Ltd

[2021] FWCA 1368

[2021] FWCA 1368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2021/4011)

IRON MOUNTAIN VICTORIA (PORT MELBOURNE & DANDENONG) ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER JOHNS	SYDNEY, 15 MARCH 2021

Application for approval of the Iron Mountain Victoria (Port Melbourne & Dandenong) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Iron Mountain Victoria (Port Melbourne & Dandenong) Enterprise Agreement 2020 (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 Services 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] Clause 29.2(d) of the Agreement provides for withholding of wages due to the employee when employee fails to give prescribed notice of employment ending. Clause 29.2(d) is therefore at odds with s 324(1)(c) of the Act.

[4] The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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