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

Printed by authority of the Commonwealth Government Printer

Attachment A.

CaseChat Overview and Summary

Iron Mountain Australia Group Services Pty Ltd applied to the Fair Work Commission for the approval of their Enterprise Agreement 2021. The dispute centred around the terms and conditions of employment outlined in the agreement, which was to apply to their employees in Western Australia. The Fair Work Commission was the tribunal responsible for hearing the application.

The central legal issues before the Commission involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and if it complied with the procedural requirements for such agreements. The Commission also had to consider whether the agreement had been genuinely negotiated and if it met the 'better off overall test' for employees.

In its reasoning, the Commission noted that the agreement contained provisions that were fair and reasonable, considering the specific circumstances of the employees and the industry standards. The Commission found that the agreement had been genuinely negotiated and that it met the 'better off overall test'. The procedural requirements were also satisfied, as the agreement had been properly presented and the employees had been given adequate notice and opportunity to vote on it.

The Commission approved the Iron Mountain Australia Group Services Pty Ltd WA Enterprise Agreement 2021, confirming its compliance with the statutory requirements. The agreement was thus to be applied to the employees of Iron Mountain Australia Group Services Pty Ltd in Western Australia, as outlined in the approved terms and conditions.

Iron Mountain Australia Group Services Pty Ltd

DECISION

Attachment A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established