Iron Mountain Australia Group Services Pty Ltd

[2019] FWCA 4863

[2019] FWCA 4863

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2019/1699)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD NSW OAKDALE – ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 12 JULY 2019

Application for approval of the Iron Mountain Australia Group Services Pty Ltd NSW Oakdale - 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 NSW Oakdale - 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

- 16.1(b); and
- 26.1(c)

[4] However, noting clause 32 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 12 July 2019 and, in accordance with s.54, will operate from 19 July 2019. The nominal expiry date of the Agreement is 1 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504418  PR710272>