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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CaseChat Overview and Summary

Iron Mountain Australia Group Services Pty Ltd sought approval of its 2020 Enterprise Agreement in the Fair Work Commission. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Iron Mountain argued that the agreement was fair and reasonable, while an objecting party contended that it did not adequately protect employee interests. The Commission was tasked with determining whether the agreement complied with the procedural and substantive fairness requirements set out in the legislation.

The legal issues before the Commission included whether the agreement was genuinely negotiated, the extent to which it provided for proper consultation, and whether it contained terms that were fair and reasonable in all respects. The Commission considered submissions from both parties, reviewed the negotiation process, and examined the terms of the agreement. It was necessary to assess whether the agreement met the statutory criteria, including the requirement that it be free from coercion, undue influence, and discrimination.

After reviewing the evidence and submissions, the Commission found that the agreement was genuinely negotiated and that the negotiation process was proper. The Commission concluded that the agreement contained terms that were fair and reasonable, taking into account the specific circumstances of the parties and the industry. The agreement was approved, as it met all statutory requirements for procedural and substantive fairness. The Commission emphasised that the agreement provided for appropriate protections for employees and balanced the interests of both parties.

The final orders included the approval of the Iron Mountain Australia Group Services Pty Ltd QLD Enterprise Agreement 2020. The agreement was to be registered and would come into effect on the date of the Commission's decision. The Commission also noted that any disputes arising from the agreement would be subject to the dispute resolution procedures outlined within it.

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