DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2019/3)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD DMS NSW - ENTERPRISE AGREEMENT 2018

Clerical industry
COMMISSIONER YILMAZ	MELBOURNE, 15 APRIL 2019

Application for approval of the Iron Mountain Australia Group Services Pty Ltd DMS NSW - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Iron Mountain Australia Group Services Pty Ltd DMS NSW - Enterprise Agreement 2018 (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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and, in accordance with s.54, will operate from 22 April 2019. The nominal expiry date of the Agreement is 1 March 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Iron Mountain Australia Group Services Pty Ltd applied to the Fair Work Commission for the approval of its Enterprise Agreement 2018. The application was contested by the Shop, Distributive and Allied Employees Association (SDA), which represented some of the employees covered by the agreement. The dispute involved the terms and conditions of employment for staff within the document management services sector, specifically focusing on issues such as wages, working hours, and conditions of employment.

The central legal issues before the Commission were whether the proposed agreement provided adequate protections for the employees, complied with the Fair Work Act 2009, and was made in accordance with the procedural requirements set out in the Act. Key points of contention included the adequacy of the minimum wage rates, provisions for penalty rates, and the process by which the agreement was negotiated and agreed upon. The SDA argued that the agreement did not sufficiently protect the employees' interests, particularly in relation to overtime and Sunday work.

In its decision, the Fair Work Commission determined that the proposed agreement was fair and reasonable. The Commission found that the wage provisions met the ‘better off overall test’, meaning employees would be no worse off and in many cases better off under the new agreement. The Commission also concluded that the agreement had been made in good faith and that the process followed was compliant with the requirements of the Fair Work Act. As such, the Commission approved the Enterprise Agreement 2018.

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