Iron Mountain Australia Group Services Pty Ltd

[2024] FWCA 2337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Iron Mountain Australia Group Services Pty Ltd

(AG2024/2040)

Waste management industry
DEPUTY PRESIDENT CROSS	SYDNEY, 25 JUNE 2024

Application for termination of the Iron Mountain Australia Group Services Pty Ltd Secure Destruction Enterprise Agreement 2021

This decision concerns an application made on 7 June 2024 under s 225 of the Fair Work Act 2009 (Cth) (the Act), by Iron Mountain Australia Group Services Pty Ltd (the Applicant) for the termination of the Iron Mountain Australia Group Services Pty Ltd Secure Destruction Enterprise Agreement 2021 (the Agreement).

This section allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date. The nominal expiry date of the Agreement is 31 December 2023.

Section 226, set out below, details the considerations for the Commission when dealing with an application under s 225.

226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:
(a) the FWC is satisfied that it is not contrary to the public interest to do so; and
(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and
(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.

The Application was made by Ms Kristy Haynes (Ms Haynes), the Human Resources Manager for the Applicant. Miss Haynes filed a Form F24C in conjunction with the Application, declaring that there were nine employees covered by the Agreement. She further provided a sheet with all nine employees signatures confirming that they had received the Application and all its associated material.

On 7 June 2024, the Commission directed that the nine employees covered by the Agreement be notified that they can make any further submissions to the Commission in relation to the termination of the Agreement by emailing the Commission with their submissions before 4.00pm on 18 June 2024. No submissions from the employees were received.

There are no Unions covered by the Agreement.

Consideration

I am satisfied that the termination of the Agreement is not contrary to the public interest.

The views of the employer have been taken into account and the employees views were sought.

Pursuant to s 227 of the Act, the termination is to take effect on and from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Iron Mountain Australia Group Services Pty Ltd applied to the Fair Work Commission for the termination of their enterprise agreement that had passed its nominal expiry date. The application was made under section 225 of the Fair Work Act 2009. The enterprise agreement in question was the Iron Mountain Australia Group Services Pty Ltd Secure Destruction Enterprise Agreement 2021, which had expired on 31 December 2023. The application was lodged on 7 June 2024 by Ms Kristy Haynes, the Human Resources Manager for the Applicant. The Commission directed the nine employees covered by the Agreement to be notified and to make submissions, though none were received. The Deputy President was required to consider whether the termination of the agreement was appropriate, taking into account the views of the employees and employer, and the likely effect of the termination on all parties.

The legal issues before the Deputy President were whether the termination of the enterprise agreement was not contrary to the public interest and whether it was appropriate to terminate the agreement, considering the circumstances of the employees and employer. The Deputy President noted that the views of the employees were sought, and the employer's views were taken into account. Given that the agreement had already expired and no submissions were made by the employees, the Deputy President was satisfied that terminating the agreement was not contrary to the public interest and was appropriate under the circumstances. The Deputy President concluded that the termination should proceed and would take effect from the date of the decision, as required by section 227 of the Act.

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