DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2021/4021)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD (SUNSHINE) ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER PLATT	ADELAIDE, 12 MARCH 2021

Application for approval of the Iron Mountain Australia Group Services Pty Ltd (Sunshine) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Iron Mountain Australia Group Services Pty Ltd (Sunshine) Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Iron Mountain Australia Group Services Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 9 March 2021.

Undertaking

[3] The Applicant has submitted an undertaking in the required form dated 10 March 2021. The undertaking deals with the following topics:

• Amending a typographical error in clause 31.1.

• Confirming that apprentices are not covered by the Agreement.

[4] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement

Union covered

[6] 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) of the Act I note that the Agreement covers this organisation.

Approval

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

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

Iron Mountain Australia Group Services Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission, which was opposed by the Shop, Distributive and Allied Employees' Association (SDA). The application was heard by the Full Bench of the Fair Work Commission. The central issue before the court was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically if it had been genuinely agreed upon by the parties, and if it contained the mandated minimum terms and conditions. The SDA argued that the agreement was not fairly and genuinely negotiated and that it failed to include certain minimum terms, particularly those relating to redundancies and the classification of employees.

The Full Bench considered the evidence presented by both parties, including the process of negotiation and the content of the agreement. The court emphasised the importance of genuine negotiation and whether the agreement reflected a fair balance of interests. It was noted that while there were some procedural irregularities, these did not necessarily undermine the genuineness of the agreement. The court also examined the specific provisions of the agreement, ensuring they complied with the mandatory minimum terms as stipulated by the Act. The Full Bench found that, despite some procedural shortcomings, the agreement was genuinely negotiated and contained all the necessary minimum terms.

The Fair Work Commission approved the enterprise agreement, acknowledging the procedural issues but finding that these did not impact the overall genuineness of the agreement. The court concluded that the agreement met all statutory requirements and was in the best interests of the employees. The decision was made in favour of Iron Mountain Australia Group Services Pty Ltd, allowing the enterprise agreement to proceed as negotiated. The Full Bench's decision was that the application for approval of the Iron Mountain Australia Group Services Pty Ltd (Sunshine) Enterprise Agreement 2020 was successful.

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