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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CaseChat Overview and Summary

Iron Mountain Australia Group Services Pty Ltd applied to the Fair Work Commission for the approval of the Iron Mountain Victoria (Port Melbourne & Dandenong) Enterprise Agreement 2020. The application was opposed by the Shop, Distributive and Allied Employees' Association of Victoria and Tasmania. The nature of the dispute centred around the terms of the proposed enterprise agreement and whether it complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement provided for a direct resolution of disputes, if it included the requisite minimum terms and conditions of employment, and whether it had been genuinely agreed upon by the parties. The Commission had to scrutinise the provisions of the agreement to ensure they aligned with the statutory framework and did not undermine the protections afforded to employees under the Act.

After reviewing the submissions and evidence presented, the Commission found that the agreement met the necessary criteria for approval. It was determined that the agreement contained provisions for the direct resolution of disputes, included the minimum terms and conditions as required, and was genuinely agreed upon by the parties. The Commission concluded that the agreement was in the best interests of the employees and approved it under the Fair Work Act. Consequently, the application was successful and the enterprise agreement was approved.

Iron Mountain Australia Group Services 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