Iron Mountain Australia Group Services Pty Ltd

Case

[2019] FWCA 6747

8 OCTOBER 2019


[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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

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

pursuant to s.586 of the Act.

  1. 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

<AE505505  PR712878>

Annexure A

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