Iron Mountain Australia Group Services Pty Ltd

[2019] FWCA 6747

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd

(AG2019/3258)

Iron Mountain Australia Group Services Pty Ltd ACT - Enterprise Agreement 2019

Storage services
Commissioner Wilson	MELBOURNE, 8 OCTOBER 2019

Application for approval of the Iron Mountain Australia Group Services Pty Ltd ACT - Enterprise Agreement 2019.

An application has been made for approval of an enterprise agreement known as the Iron Mountain Australia Group Services Pty Ltd ACT - Enterprise Agreement 2019 (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.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement lodged contained an error at clause 7.2(b). On 30 September 2019, the Applicant filed a request to have the Agreement corrected pursuant to s.586 of the Act as follows:

Clause 7.2(b) should read:

(b) A part time Employee shall be paid one thirty-eighth of the full time weekly rate per hour prescribed by Clause 8 of the applicable classification.

I am satisfied that the correction should be made and that it is appropriate to do so

pursuant to s.586 of the Act.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2019. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Iron Mountain Australia Group Services Pty Ltd, an applicant, sought approval for the Iron Mountain Australia Group Services Pty Ltd ACT - Enterprise Agreement 2019. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, including wages, working hours, leave entitlements, and dispute resolution mechanisms. The application was brought under the Fair Work Act 2009, which mandates that any enterprise agreement must meet certain criteria to be approved by the Commission. The Commission had to determine if the agreement complied with the statutory requirements and if it was made in good faith.

The primary legal issues revolved around the compliance of the proposed agreement with the Fair Work Act. The Commission needed to ensure that the agreement did not provide for terms and conditions that were less favourable than the relevant national workplace determination or modern award, and that it adhered to the good faith bargaining principles. Furthermore, the Commission had to consider whether the agreement included all necessary provisions and if it was negotiated in a manner consistent with the legislative requirements. The focus was on whether the agreement adequately protected employees' rights while allowing for effective business operations.

In its decision, the Commission examined the agreement clause by clause, confirming that it aligned with the statutory standards and did not disadvantage employees. The Commission found that the agreement was made in good faith, considering the bargaining positions of both parties and the need for a fair and reasonable outcome. The Commission also noted the procedural fairness in the bargaining process, which included adequate consultation and consideration of employee feedback. The agreement was deemed to meet all legal requirements and was subsequently approved. The approval ensures that the terms and conditions set out in the agreement will apply to the employees covered by it, providing a clear framework for industrial relations within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established