DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2018/2342)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD SECURE DESTRUCTION ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER MCKINNON	MELBOURNE, 20 NOVEMBER 2018

Application for approval of the Iron Mountain Australia Group Services Pty Ltd Secure Destruction 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 Secure Destruction 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] Written undertakings have been given in accordance with s. 190 of the Act. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Iron Mountain Australia Group Services Pty Ltd sought approval of their enterprise agreement from the Fair Work Commission. The agreement in question was the Iron Mountain Australia Group Services Pty Ltd Secure Destruction Enterprise Agreement 2018. The dispute arose as the union representing the employees challenged the agreement, claiming it was not fair and reasonable.

The primary legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically sections 231 and 232. The union argued that the agreement failed to adequately address the employees' interests and contained provisions that were unfair. The court had to consider the balance of the agreement and whether it met the criteria of being fair and reasonable, including whether it provided for the employees' interests.

The Fair Work Commission found that the agreement was fair and reasonable. The court considered the overall balance of the agreement, noting that while some provisions were contentious, they did not render the agreement unfair. The court also highlighted the process through which the agreement was negotiated and the provisions that addressed the employees' interests, concluding that it met the statutory requirements. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Iron Mountain Australia Group Services Pty Ltd Secure Destruction Enterprise Agreement 2018 be approved. This decision would now be registered by the Registrar of the Fair Work Commission, making it binding on the parties involved.

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