DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2020/977)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD NSW – NORTH ROCKS AND SILVERWATER - ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER JOHNS	SYDNEY, 20 APRIL 2020

Application for approval of the Iron Mountain Australia Group Services Pty Ltd NSW – North Rocks and Silverwater - 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 NSW – North Rocks and Silverwater - Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2020. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

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CaseChat Overview and Summary

Iron Mountain Australia Group Services Pty Ltd applied to the Fair Work Commission for approval of its Enterprise Agreement 2020 for its NSW – North Rocks and Silverwater operations. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The central issues before the Commission were whether the agreement provided for the proper negotiation process, if it complied with the good faith bargaining provisions, and if it contained all the necessary minimum terms and conditions as prescribed by the Act.

The Commission examined the evidence and submissions from both parties to ascertain if the agreement was made in good faith and whether it contained all the required minimum terms and conditions. The applicant presented evidence of a proper negotiation process and argued that the agreement met all legal requirements. After evaluating the evidence, the Commission concluded that the agreement was properly negotiated in good faith and contained all the necessary minimum terms and conditions. The Commission approved the Enterprise Agreement 2020 for the North Rocks and Silverwater operations of Iron Mountain Australia Group Services Pty Ltd.

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