DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2021/382)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD MOOREBANK SITE ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER PLATT	ADELAIDE, 1 MARCH 2021

Application for approval of the Iron Mountain Australia Group Services Pty Ltd Moorebank Site 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 Moorebank Site 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 1 March 2021.

[3] 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.

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

[5] 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 4 May 2022.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Iron Mountain Australia Group Services Pty Ltd, sought approval of the Moorebank Site Enterprise Agreement 2020 from the Fair Work Commission. The dispute arose from negotiations between the company and its employees, seeking to establish terms and conditions for their employment. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a "single interest" enterprise agreement. The company argued that the agreement represented the interests of all employees at the Moorebank site. The employees' representative, however, contended that the agreement failed to accurately represent the interests of all employees, particularly those in different employment categories. Furthermore, there was contention over whether the agreement provided fair and reasonable terms for the employees.

In delivering its decision, the Commission examined the process of agreement making, the content of the agreement, and the representation of employee interests. The Commission found that the agreement did not adequately represent the interests of all employees, particularly those in different employment categories, and thus did not qualify as a "single interest" enterprise agreement. The Commission also noted that certain provisions of the agreement did not meet the requirements for fair and reasonable terms. As a result, the Commission did not approve the agreement.

The Fair Work Commission refused to approve the Moorebank Site Enterprise Agreement 2020. The Commission directed the parties to further negotiations to ensure that any future agreement adequately represents the interests of all employees and meets the legal criteria for approval.

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