Iron Mountain Australia Group Services Pty Ltd
[2024] FWCA 2337
•25 JUNE 2024
| [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
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