Iron Mountain Australia Group Services Pty Ltd

[2020] FWCA 54

[2020] FWCA 54

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2019/4852)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD QLD ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 JANUARY 2020

Application for approval of the Iron Mountain Australia Group Services Pty Ltd QLD 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 QLD Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 16 (b), clause 19 and clause 25 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 32 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 January 2020 and, in accordance with s.54, will operate from 13 January 2020. The nominal expiry date of the Agreement is 6 January 2023.

COMMISSIONER

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