Iron Mountain Australia Group Services Pty Ltd

[2021] FWCA 654

[2021] FWCA 654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2020/4113)

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

Storage services
COMMISSIONER BOOTH	BRISBANE, 11 FEBRUARY 2021

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

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Iron Mountain Australia Group Services Pty Ltd (the Applicant) for approval of Iron Mountain Australia Group Services Pty Ltd WA Enterprise Agreement 2021 (the Agreement). The Agreement is a single enterprise agreement.

[2] Mr Matthew Toner, Director – Logistic of the United Workers Union (the UWU), filed a Form F18 in this matter, advising that the UWU supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[3] Correspondence was sent to the Applicants on 27 January 2021, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed submissions and undertakings addressing the concerns raised on 1 February 2021 and 3 February 2021. The UWU and employee bargaining representatives were provided with copies of the response and proposed undertakings.

[4] The matter was listed for eHearing on 10 February 2021. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[5] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[6] Subject to the matters raised at paragraphs [2]-[5], 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.

[7] In accordance with s.201(2), I note that the Agreement covers the UWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act and clause 4 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2022.

COMMISSIONER

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Attachment A.