DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2019/3195)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD SA - ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER LEE	MELBOURNE, 26 SEPTEMBER 2019

Application for approval of the Iron Mountain Australia Group Services Pty Ltd SA - 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 SA - 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.

[2] 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.

[3] 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.

[4] The National Union of Workers 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 is approved and, in accordance with s.54 of the Act, will operate from 3 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Iron Mountain Australia Group Services Pty Ltd sought approval of its Enterprise Agreement 2019 from the Fair Work Commission. The applicant, a provider of information management services, aimed to formalise terms and conditions for its employees. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the formal requirements of the Act and whether it contained the mandated "independent" clause. The Commission examined whether the agreement provided for fair and reasonable terms and conditions, and whether it had been made in good faith. Another significant aspect of the inquiry was whether the agreement included all the prescribed terms and conditions, and if any aspects of the agreement were unfair.

The Fair Work Commission found that the agreement substantially complied with the legal requirements set out in the Fair Work Act 2009. The Commission concluded that the agreement was made in good faith and contained the mandated "independent" clause. The Commission also determined that the agreement provided for fair and reasonable terms and conditions, and that all prescribed terms and conditions were included. The Commission approved the agreement, noting that any minor procedural irregularities did not materially affect the fairness of the agreement.

The Commission approved the Iron Mountain Australia Group Services Pty Ltd SA - Enterprise Agreement 2019, effective from the date of the decision. The approval was subject to the terms and conditions set out in the agreement and the ongoing compliance with the Fair Work Act 2009.

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