DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2018/619)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD WA - ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 25 MAY 2018

Application for approval of the Iron Mountain Australia Group Services Pty Ltd WA - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Iron Mountain Australia Group Services Pty Ltd WA - Enterprise Agreement 2017 (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 Applicant 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] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 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

The applicant, Iron Mountain Australia Group Services Pty Ltd, sought approval for the Iron Mountain Australia Group Services Pty Ltd WA - Enterprise Agreement 2017 from the Fair Work Commission. The dispute arose because the respondent union, the Transport Workers Union of Australia, objected to certain terms and conditions proposed in the agreement. The Commission, presided over by Commissioner O'Brien, was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement satisfied the requirements of section 230 of the Act. Specifically, the Commission had to assess whether the agreement provided for fair and efficient terms and conditions, did not undermine the right to freedom of association, and was made in good faith. The union's objections focused on the agreement's provisions regarding shift patterns, rostering processes, and the classification of certain roles within the enterprise. The union argued that these provisions were unfair and did not adequately protect employee interests.

In delivering the decision, Commissioner O'Brien carefully examined the provisions in question and considered the arguments presented by both parties. The Commissioner found that the agreement did not undermine the right to freedom of association and was made in good faith. While acknowledging the union's concerns about the shift patterns and rostering provisions, the Commissioner concluded that the agreement provided for fair and efficient terms and conditions overall. The Commissioner determined that the benefits of the agreement, including improved flexibility and operational efficiency, outweighed the union's objections. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the Iron Mountain Australia Group Services Pty Ltd WA - Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by its terms. The union's objections were not upheld, and the agreement was deemed to meet the statutory requirements for approval.

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