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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Iron Mountain Australia Group Services Pty Ltd sought approval for its Enterprise Agreement 2018. The dispute arose between the company, represented by its management, and the employees, represented by the Communications, Electrical and Plumbing Union of Australia. The crux of the matter was whether the agreement met the requirements of the Fair Work Act 2009 in terms of procedural fairness and substantive fairness.

The key legal issues before the Commission were whether the agreement was made in good faith, whether the bargaining process was procedurally fair, and whether the terms of the agreement were substantively fair. The Commission had to examine the bargaining process to ensure it was free from coercion, duress, or any other unfair labour practice. Additionally, the Commission needed to assess whether the terms of the agreement were reasonable in the context of the overall bargaining environment and in line with the objectives of the Act.

The Commission found that the bargaining process was conducted in good faith and was procedurally fair. The evidence showed that the employer had engaged in meaningful negotiations with the union, providing all necessary information and allowing for input from the union. In terms of substantive fairness, the Commission determined that the agreement provided fair and reasonable terms and conditions for the employees. The Commission noted that the agreement reflected the economic circumstances and the bargaining power of both parties, and was consistent with industry standards. Consequently, the Commission approved the Enterprise Agreement 2018, finding it met the legal standards set out in the Act.

The Commission ordered that the Iron Mountain Australia Group Services Pty Ltd - Enterprise Agreement 2018 be approved and registered with the Fair Work Commission. This decision ensures that the terms and conditions of employment as outlined in the agreement are legally enforceable, providing certainty and stability for both the employer and the employees.

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