Iron Mountain Australia Group Services Pty Ltd

[2019] FWCA 1166

[2019] FWCA 1166

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2018/7165)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD - ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 FEBRUARY 2019

Application for approval of the Iron Mountain Australia Group Services Pty Ltd - 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 - 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 as are relevant to this application for approval have been met.

[4] I note that Clause 26.1(c) is inconsistent with the National Employment Standards as Apprentices are excluded from notice of termination. Given the National Employment Standards precedence clause at clause 32 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2019. The nominal expiry date of the Agreement is 20 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501942  PR705205>

Annexure A