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

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CaseChat Overview and Summary

Iron Mountain Australia Group Services Pty Ltd applied to the Fair Work Commission for approval of the Iron Mountain Australia Group Services Pty Ltd NSW Oakdale - Enterprise Agreement 2019. The applicant is an employer engaged in the storage and management of information and records, while the respondents are trade unions representing the applicant's employees. The dispute centred on the terms and conditions of employment under the proposed enterprise agreement, including wages, hours of work, and other employment-related matters.

The legal issues before the commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for "better off overall" and "no detriment" tests. The commission had to determine whether the proposed agreement provided employees with terms and conditions that were at least as good as those under their previous enterprise agreements or applicable awards, and whether the agreement would not have a detrimental effect on employees' conditions of employment. Additionally, the commission considered whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act.

The Fair Work Commission found that the proposed agreement met the "better off overall" test and did not have a detrimental effect on employees' conditions of employment. The commission considered the evidence provided by both parties and concluded that the proposed agreement provided employees with improved terms and conditions compared to their previous agreements or applicable awards. Furthermore, the commission was satisfied that the agreement had been made in accordance with the procedural requirements of the Fair Work Act, including the requirement for genuine consultation between the parties. The commission approved the proposed enterprise agreement, subject to certain minor modifications to address procedural deficiencies.

The final orders of the commission were that the Iron Mountain Australia Group Services Pty Ltd NSW Oakdale - Enterprise Agreement 2019 be approved, with the modifications to address the procedural deficiencies. The approved agreement would now serve as the basis for the terms and conditions of employment for the applicant's employees in New South Wales.

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